A/HRC/20/24
Alternatives to detention should have a human rights-based approach, be established
by law, be non-discriminatory and be subject to judicial review and independent
monitoring and evaluation. In designing alternatives to detention, Governments
should pay attention to the specific situation of particular groups of migrants, such as
children, pregnant women and persons with disabilities, and use the least intrusive
measure possible.
74.
The Special Rapporteur encourages States to collect disaggregated data on the
number of migrants in administrative detention, the number of migrants who are
subject to different types of non-custodial measures and the compliance rate with
these measures, in order to evaluate their effectiveness.
75.
The Special Rapporteur encourages States to share information with him
relating to their experiences in applying alternatives to detention, with a view to
identifying best practices.
76.
The Special Rapporteur would like to encourage States that have not yet done
so, to consider ratifying the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families.
77.
The Special Rapporteur would like to encourage States that have not yet done
so, to consider ratifying the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, and establish a
national preventive mechanism mandated to visit all places of deprivation of liberty
within their jurisdiction, including places where migrants may be detained.
78.
The Special Rapporteur would like to encourage civil society organizations to
continue their efforts to document and study the violations and abuses that migrants
suffer in the context of detention, continue monitoring good practices of alternatives
to detention, develop and continue assistance programmes to migrants deprived of
their liberty, including legal aid, translation services and social and psychological
assistance and visit regularly migrant holding centres and penitentiaries where
irregular migrants are held.
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