Migration Jurisprudence from the South › France

Popov v. France

European Court of Human Rights · France · 2012-01-19 · Regional court or body

Citation: App. nos. 39472/07 and 39474/07
Type of case: Constitutional and human rights
Outcome: Decided for the migrant side

Question

May young children be held with their parents in immigration detention?

What the court decided

No, not in these conditions. Holding the children breached Articles 3, 5 and 8, and alternatives to detention had to be considered.

In plain language

A family from Kazakhstan, with a baby and a three-year-old, was held for two weeks in an immigration detention centre. The Court said this harmed the children and broke the Convention.

Dalam bahasa sederhana

Sebuah keluarga dari Kazakhstan, dengan bayi dan anak tiga tahun, ditahan dua minggu di pusat detensi imigrasi. Mahkamah menyatakan ini merugikan anak dan melanggar Konvensi.

Pertanyaan: Bolehkah anak kecil ditahan bersama orang tuanya dalam detensi imigrasi?

What happened afterwards

2012-01-19: Judgment.

Sources

HUDOC (judgment)

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Cite as: Institute for Migrant Rights (2026), Migration Jurisprudence from the South, version 0.1, https://theimr.org/court-decisions/d/echr-popov-2012/. This page summarizes a court decision for research and advocacy; it is not legal advice.

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