8. In the present Basic Principles and Guidelines, the terms “everyone”, “anyone” or “any person” denote every human being without discrimination based on race, colour, sex, property, birth, age, national, ethnic or social origin, language, religion, economic condition, political or other opinion, sexual orientation or gender identity, disability or other status, and any ground that aims at or may result in undermining the enjoyment of human rights on a basis of equality. It includes, but is not limited to, girls and boys, soldiers, persons with disabilities, including psychosocial and intellectual disabilities, lesbian, gay, bisexual, transgender and intersex persons, non-nationals, including migrants regardless of their migration status, refugees and asylum seekers, internally displaced persons, stateless persons and trafficked persons and persons at risk of being trafficked, persons accused or convicted of a crime, persons who have or are suspected to have engaged in the preparation, commission or instigation of acts of terrorism, drug users, persons with dementia, human rights defenders and activists, older persons, persons living with HIV/AIDS and other serious communicable or chronic diseases, indigenous peoples, sex workers and minorities based on national or ethnic, cultural, religious and linguistic identity.

10. In the present Basic Principles and Guidelines, deprivation of liberty is regarded as “arbitrary” in the following cases:

(e) When the deprivation of liberty constitutes a violation of 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 is aimed at or may result in ignoring the equality of human rights.

Annex

Basic Principles and Guidelines on Remedies and Procedures on the Right of Persons Deprived of Their Liberty to Bring Proceedings Before a Court

I. Principles

Principle 5: Non-discrimination

8. The right to bring proceedings before a court to challenge the arbitrariness and lawfulness of detention and to receive without delay appropriate and accessible remedies may be exercised by anyone regardless of race, colour, sex, property, birth, age, national, ethnic or social origin, language, religion, economic condition, political or other opinion, sexual orientation or gender identity, asylum seeking or migration status, or disability or any other status.

Principle 17: Specific obligations to guarantee access to the right to bring proceedings before a court

33. The adoption of specific measures are required under international law to ensure meaningful access to the right to bring proceedings before a court to challenge the arbitrariness and lawfulness of detention and to receive without delay appropriate and accessible remedies by certain groups of detainees. This includes – but is not limited to children – women (in particular pregnant and breastfeeding women), older persons, persons detained in solitary confinement or other forms of incommunicado detention of restricted regimes of confinement, persons with disabilities, including psychosocial and intellectual disabilities, persons living with HIV/AIDS and other serious communicable or contagious diseases, persons with dementia, drug users, indigenous persons, sex workers, lesbian, gay, bisexual, transgender and intersex persons, minorities as based on national or ethnic, cultural, religious or linguistic identity, non-nationals, including migrants regardless of their migration status, asylum seekers and refugees, internally displaced persons, stateless persons and trafficked persons or persons at risk of being trafficked.

II. Guidelines

Guideline 18: Specific measures for children

98. A safe, child-sensitive environment should be established for children deprived of their liberty. Detained children should be treated with dignity and respect, and in a manner that takes into account any element leading to vulnerability, in particular with regard to girls, younger children, children with disabilities, non-nationals, including migrants regardless of their migration status, refugees and asylum-seeking children, stateless children, trafficked children or children at risk of being trafficked, children from minority, ethnic or indigenous groups and lesbian, gay, bisexual, transgender or intersex children.

Link to full text of the report: Report-WGAD-Principles, guidelines-2015-eng

Translate »