ICJ submission on the 2011 recast of the EU Reception Directive

Europe and Central Asia
Issue: Civil, political, economic, social and cultural rights
Document Type: Legal Submission
Date: 2011

The ICJ published today its observations on the 1 June 2011 recast of the European Union “Directive laying down standards for the reception of asylum seekers”.

The directive is under consideration by the European Parliament and the Council of the European Union.

In its submission the ICJ addressed, in particular, the following issues:

  • issues arising under international human rights law and international refugee law in relation to the definition of family members of an applicant for international protection;
  • the limited geographical scope of the directive;
  • communication of information in languages which the applicant does not understand;
  • extensive grounds permitting detention of applicants for international protection;
  • the lack of a maximum time limit for detention;
  • certain aspects of the judicial review of the detention;
  • exceptions to the principle of separation of asylum seekers in detention from other categories ofdetainees;
  • weak guarantees for vulnerable persons and unaccompanied children; and
  • the withdrawal of material reception conditions as a punitive measure.
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