A/72/173
other human rights mechanisms have made it clear that immigration detention can
never, ever, be in the best interests of a child and that the immigration detention of
children, whether unaccompanied or with their families, always constitutes a
violation of their rights. Consequently, both unaccompanied migrant children and
families with children should always be provided with alter natives to detention.
61. Many rights-based alternatives to detention exist, including registration
requirements, the deposit of documents, the payment of bonds or bail or the
provision of a surety or guarantor, reporting requirements, case management or
supervised release, designated residence, electronic monitoring and home curfew or
house arrest. A number of countries have moved towards open reception facilities,
in particular for vulnerable migrants such as unaccompanied minors and families.
However, prolonged immigration detention and its associated negative human rights
consequences continue in many countries.
Targets
4.1
Clearly define and exhaustively enumerate the reasons for immigration
detention in legislation, in accordance with international human rights law
4.2
Ensure that the detention of migrants is always a measure of last resort,
permissible only when reasonable, necessary, proportionate, decided on a case by-case basis and enforced for the shortest possible period of time
4.3
Expeditiously and completely end the immigration detention of children and
their families, and protect the rights, dignity, welfare and best interests of
migrant children in all cases
4.4
Ensure timely and effective access to justice for all migrants in detention,
regardless of their status and circumstances, including access to competent
lawyers, competent interpreters and translators, legal aid and judicial
assistance programmes, non-governmental organizations, consular authorities
and asylum procedures, and the effective and independent external monitoring
of all migrant detention facilities
4.5
Promote, develop and make use of viable, rights -based alternatives to
detention
Indicators
(a)
Judicial appeals of all detention orders are automatically implemented
(b)
Mandatory detention of migrants is abolished
(c)
reduced
(d)
The number of migrants in immigration detention is considerably
Alternatives to detention are created and expanded
(e) The proportion of migrants who are released into non-custodial
alternatives to detention is considerably increased
(f) All forms of detention of migrant children and their families on the basis
of their immigration status or that of their parents are abolished
(g) Increased number of countries having ratified the Optional Protocol to
the Convention against Torture and adopted national preventive mechanisms
mandated to visit all places of deprivation of liberty within their jurisdiction,
including places where migrants are detained
18/26
17-12223