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Law Inserting Article 74/9 In The Act Of 15 December 1980 On Access To The Territory, Residence, Establishment And Removal Of Foreigners, With Regard To The Prohibition Of Detention Of Children In Closed Centres (1)

Original Language Title: Loi insérant un article 74/9 dans la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers, en ce qui concerne l'interdiction de détention d'enfants en centres fermés (1)

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belgiquelex.be - Carrefour Bank of Legislation

16 NOVEMBER 2011. - Act inserting section 74/9 in the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, with respect to the prohibition of detention of children in closed centres (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, an article 74/9 is inserted as follows:
Art. 74/9. § 1er. A family with minor children who entered the Kingdom without meeting the conditions set out in articles 2 or 3, or whose stay has ceased to be regular or irregular, is in principle not placed in a place as referred to in article 74/8, § 2, unless it is adapted to the needs of families with minor children.
§ 2. The family with minor children who try to enter the Kingdom without meeting the conditions set out in articles 2 or 3 may, in order to carry out the distance, be kept in a specified place, suitable for the needs of families with minor children and located at the borders, for as short as possible.
§ 3. The family referred to in § 1er a possibility to reside, under certain conditions, in a personal dwelling, unless one of the family members is in one of the cases provided for in article 3, paragraph 1er5° to 7°. If the family is unable to reside in a personal home, it will be assigned, under the same conditions, a place of residence in a place as referred to in article 74/8, § 2, adapted to the needs of families with children.
The conditions to which the family must meet are set out in a convention between the family and the Aliens Office.
The King determines the content of this Convention, as well as the penalties applicable in the event of non-compliance with the Convention.
The family may not be placed in a place as referred to in Article 74/8, § 2, for a limited period of time only if it does not comply with the conditions referred to in paragraph 2, unless other radical but less restrictive measures can be effectively applied.
§ 4. The family referred to in §§ 1er to 3 is assigned a support agent who accompanies, informs and counsels.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 16 November 2011.
ALBERT
By the King:
Deputy Prime Minister and Minister
responsible for the Migration and Asylum Policy,
Ms. J. MILQUET
The Secretary of State for Migration and Asile Policy,
Mr. WATHELET
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Notes
(1) Documents of the House of Representatives:
53-326-SE 2010:
N° 1: Proposal for the Law of Ms. Lanjri et al.
53-326-2010/2011.
No. 2:Amendment.
No. 3: Addendum.
nbones 4 and 5: Amendments.
Number 6: Report.
No. 7: Text adopted by the commission.
No. 8: Amendments tabled in plenary meeting.
No. 9: Text adopted in plenary and transmitted to the Senate.
Full report: 20 July 2011.
Documents of the Senate:
5-1182-2011/2012:
No. 1 Project not referred to by the Senate.