A/HRC/38/41 prohibits States from deporting any person to another State’s jurisdiction or any other territory where there are substantial grounds for believing that he or she would be in danger of being subjected to torture or ill-treatment7 or other serious human rights violations, or where there would be a real risk of such violations (see A/HRC/37/50). Therefore, the principle of non-refoulement also applies in cases of return to situations of socioeconomic deprivation (namely, the return should not proceed in cases where it would imperil the right to health of the returnee). 8 21. Concerned at the growing use of detention in the context of migration, the Working Group on Arbitrary Detention stressed in its revised deliberation No. 5 of liberty of migrants that any form of administrative detention or custody for migrants must be used as an exceptional measure of last resort, for the shortest period and only if justified by a legitimate purpose. Automatic or mandatory detention and indefinite detention are arbitrary. The Working Group added that persons detained in the course of migration proceedings enjoy as a minimum the same rights as those detained in the criminal justice or other administrative context, and that migrants have the right to bring proceedings before a court to challenge the legality of their detention and to obtain appropriate remedies if their challenge is successful. 22. In their recent joint general comments on the human rights of children in the context of international migration, the Committee on the Rights of the Child and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families recalled that the detention of children based on their migration or refugee status was never in their best interests, and that alternatives to deprivation of liberty must be found instead, including family-based solutions.9 23. In addition to the core international human rights treaties, other international instruments that protect the human rights of migrants with particular protection needs include the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime and the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, the ILO Migration for Employment Convention (Revised), 1949 (No. 97) and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No.143), the Convention relating to the Status of Stateless Persons and the Convention on the Rights of Persons with Disabilities. D. Current return practices and their impact on the human rights of migrants 24. The human rights consequences of being the subject of voluntary or forced return procedures are vast. Persons in forced return procedures are issued an entry ban, lose their right to emergency shelters, become subject to detention and lose the possibility of obtaining a residence permit through regularization programmes. Asylum seekers cannot be expected to comply with the demands for their return as long as appeal procedures for asylum applications are still pending. 10 Destination countries place the responsibility to 7 8 9 10 6 Ibid., art. 3 (1). Vladislava Stoyanova, “How exceptional must ‘very exceptional’ be? Non-refoulement, socioeconomic deprivation, and Paposhvili v Belgium”, International Journal of Refugee Law, vol. 29, No. 4 (30 December 2017), p. 580. Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights of children in the context of international migration; joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return. “Deported: human rights in the context of forced returns – Summary”, Amnesty International Netherlands, July 2017.