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Report of the Working Group on Arbitrary Detention, A/HRC/22/44, 24 December 2012

II. ACTIVITIES OF THE WORKING GROUP 2012

B. Country visits
2. Follow-up to country visits of the Working Group

Malta 

35. The Government provided information on various cases in which the Ombudsman effectively assisted in the protection of various rights, including the rights of rejected immigrants to marry and have a family; the right to worship by a group of Muslims; and the right of irregular immigrants to receive humanitarian protection and be reunited with their families. Two cases regarding discrimination on the ground of age (in relation to access to medical care) and employment on the ground of sexual orientation were also handled by the Ombudsman.

III. DELIBERATION No.9 CONCERNING THE DEFINITION AND SCOPE OF ARBITRARY DEPRIVATION OF LIBERTY UNDER CUSTOMARY INTERNATIONAL LAW 

A. Introduction and methodology

37. The Working Group on Arbitrary Detention is the only body in the international human rights system entrusted by the former Commission on Human Rights and the Human Rights Council with a specific mandate to receive and examine cases of arbitrary deprivation of liberty. In this capacity, the Working Group has interpreted and enforced the international legal rules on deprivation of liberty as they have developed in domestic, regional and international jurisdictions since 1991. In order to determine the definition and scope of arbitrary deprivation of liberty under customary international law, the Working Group has reviewed international treaty law and its own jurisprudence and that of international and regional mechanisms for the protection of human rights.

38. The Working Group regards cases of deprivation of liberty as arbitrary under customary international law in cases where:

  1. The deprivation of liberty constitutes a violation of the international law for reasons of discrimination based on birth; national, ethnic or social origin; language; religion; economic condition; political or other opinion; gender; sexual orientation; disability or other status, and which aims towards or can result in ignoring the equality of human rights.

Link to full text of the report: http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session22/A.HRC.22.44_en.pdf