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Key Words Archives: Non-custodial

Saadi v. United Kingdom, ECtHR, Application No. 13229/03, Judgment of 29 January 2008

The Court recalled that it is a fundamental principle that no detention which is arbitrary can be compatible with Article 5 § 1 ECHR and the notion of ‘arbitrariness’ in Article 5 § 1 extends beyond lack of conformity with national law, so that a deprivation of liberty may be lawful in terms of domestic law but still arbitrary and thus contrary to the Convention. To avoid being branded as arbitrary, therefore, detention under Article 5 § 1 (f) must be carried out in good faith; it must be closely connected to the purpose of preventing unauthorised entry of the person to the country; the place and conditions of detention should be appropriate; and the length of the detention should not exceed that reasonably required for the purpose pursued.

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Steering Committee for Human Rights (CDDH), Legal and practical aspects of effective alternatives to detention in the context of migration

The Steering Committee for Human Rights in this analysis, adopted on 7 December 2017, provided an overview of the applicable international human rights standards in the field of alternatives to detention in the context of migration.

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Council of Europe Parliamentary Assembly: A study of immigration detention practices and the use of alternatives to immigration detention of children

This study from the Council of Europe Parliamentary Assembly (PACE) provides an overview of issues relating to immigration detention practices, and promotes the use of alternatives to immigration detention of children (ATDs). The study argues that the main idea behind ATDs is identifying options which provide state authorities with a degree of control over asylum seekers while allowing for a basic freedom of movement. ATDs need to be regulated in order to avoid the arbitrary imposition of restrictions on liberty or freedom of movement and, even when alternatives apply, access to legal aid should be given to migrants, especially to children.

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Report of the Special Rapporteur on the Human Rights of Migrants: ending immigration detention of children and providing adequate care and reception for them

This report of the Special Rapporteur on the Human Rights of Migrants, Felipe González Morales, was submitted in accordance with General Assembly resolution 74/148 and Human Rights Council resolution 43/6. It advocates for a human rights-based approach to end child migration detention. In particular, it urges States to integrate unaccompanied migrant children into national child protection and welfare systems without any discrimination, irrespective of the child’s migration status.

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