In this case, the first applicant, an adult, was detained under the Dublin Regulation, while his three minor cousins were placed in the same facility. The Supreme Administrative Court quashed the detention decision, referencing a previous ruling (No. III.ÚS 3289/14), which found that placing minors in detention with their parent or guardian amounts to a de facto deprivation of liberty. The Court emphasized that stricter requirements apply to the detention of children, under the Convention on the Rights of the Child and European law (ECHR), and that detention must be a last resort. The authorities must show that no less intrusive measures were available. The police failed to consider the minors’ specific circumstances and the potential violation of their rights under Article 3 of the ECHR – principle of the best interests of the child. The decision to detain the children was based solely on their relationship with the adult applicant, disregarding the European Court of Human Rights’ case law on the detention of children.
Source here.