A/HRC/23/56/Add.2 Economic, Social and Cultural Rights and article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination. He recommends the review of the health reforms adopted in the context of the current economic crisis to ensure that access to health-care services is provided to migrants regardless of their migration status. He recalls General Recommendation No. 30 on Discrimination Against Non Citizens (2004) of the Committee on the Elimination of Racial Discrimination, which calls upon States parties to respect the right of non-citizens to an adequate standard of physical and mental health by, inter alia, refraining from denying or limiting their access to preventive, curative and palliative health services; and to review and revise legislation, as appropriate, in order to guarantee that such legislation is in full compliance with the Convention. 73. The Special Rapporteur urges the Government to draw up regulations for the migrant holding centres (CIEs), in order to harmonize the way in which they operate and thus ensure that persons detained in such centres have access to procedural safeguards in order to challenge their detention, and ensure adequate living conditions, access to medical care and services, access to information including on the right to seek asylum, legal aid, social services and the right to communicate with the outside world, and in particular lawyers, consular authorities and family members. He recommends that a system for regular access to these centres by human rights NGOs be established. He also urges the Government to separate undocumented migrants in the CIEs from those undocumented migrants who have committed criminal offences. 74. The Special Rapporteur recommends that any injuries suffered by migrants in CIEs be documented by detailed medical reports, and that cases of mistreatment, torture or death be investigated, prosecuted and adequately sanctioned. Access to the judge and effective remedies should be guaranteed in this regard. A gender-based approach is needed in the management of the CIEs. In this regard, the situation of migrant women detained in CIEs should be carefully monitored with special attention to the presence of potential victims of trafficking. The relevant mechanisms to prevent sexual abuse against detained migrant women should be set up, and those responsible brought to justice. It is also essential to promote the recruitment of female officers in CIEs where women are detained. Additionally, CIEs’ personnel should continue to receive tailored training on human rights and international protection. The effective implementation of the recommendations made by the National Ombudsperson on CIEs is also recommended. 75. The Special Rapporteur recalls that States are obligated to consider alternative measures before resorting to detention, in order not to violate the right to liberty and security of the person. Detention for immigration purposes should never be mandatory or automatic. According to international human rights standards, it should be a measure of last resort, only permissible for the shortest period of time and when no less restrictive measure is available. Therefore, the Special Rapporteur recommends that alternative measures to detention as provided, inter alia, by the Special Rapporteur on the human rights of migrants in his report to the Human Rights Council (A/HRC/20/24), be considered by the Government. On refugees, asylum seekers and stateless persons 76. The Special Rapporteur recommends that the Government ensure respect and effective implementation of asylum legislation, including through the adoption and entry into force of the necessary implementing decrees. He also recommends the relevant authorities, especially the Ministry of Interior and the Eligibility Commission, review asylum policies and decisions adopted that may be in 18

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