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.
Key Words Archives: Non-custodial
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.
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.
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.
UN Committee on the Rights of the Child (CRC), General comment No. 24 (2019) on children’s rights in the child justice system
“This General comment replaces General comment No. 10 (2007) on children’s rights in juvenile justice. The scope of the comment is focused on children alleged as, accused of or recognized as having infringed criminal law.
Council of Europe Parliamentary Assembly Resolution 2020 (2014): The alternatives to immigration detention of children
The Council of Europe Parliamentary Assembly notes that although the legislation of most member States provides for the introduction of alternatives to detention, the majority of countries are not applying them in practice. The Assembly calls for an end to the detention of migrant children.