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(e) Social protection (including access to education, health care,
recreation and legal assistance), as well as contact with family in both countries
of destination and origin, should be guaranteed: contact should also be
facilitated with immigrant communities in destination countries and civil
society institutions.
88. States should allow consular access to and independent scrutiny and
control mechanisms of the conditions of immigration detention (judicial
authorities, international and local non-governmental organizations, civil
society, international human rights mechanisms, consular services and
humanitarian institutions).
89. Policies should guarantee the enforcement of such alternatives by
administrative and judicial authorities.
90. States should consider and use alternatives to immigration detention in
accordance with international law and human rights standards. Detention
should not be considered necessary or proportionate if other less restrictive
measures to achieve the same legitimate objective have not been considered and
assessed.
91. Alternatives to detention should be available to all irregular migrants and
asylum-seekers, whether documented or undocumented. Recourse to alternative
measures should be based on an individual assessment of the migrant’s
particular circumstances and be available in practice without discrimination.
92. Alternative measures should be systematically considered by States before
resorting to immigration detention. States should ensure that the conditions and
criteria to choose alternative measures do not discriminate in law or practice
against particular groups of non-nationals, whether on the basis of their origin,
economic situation, immigration or other status. These means also should be:
(a) The least intrusive and restrictive in order to attain the same
objectives of immigration-related detention, such as avoiding that migrants
abscond and guaranteeing their presence in court or at administrative
proceedings;
(b) Subjected to legal review and migrants should therefore be granted
the possibility of challenging them before a judicial or other competent and
independent authority or body.
93. States should provide alternatives to detention for family groups when
parents are detained on the sole basis of migratory status, keeping in mind the
necessary balance between the need to protect family unity and the best
interests of the child. In all decisions concerning children, the best interests of
the child should be the primary consideration.
94. States should enact and use a broad range of alternative measures. In
developing such measures, States should draw on some of the existing practical
alternatives already applied in some States. Alternative measures may include
registration requirements; reporting or monitoring conditions; the deposit of a
financial guarantee; or an obligation to stay at a designated address, an open
centre or other special accommodation. Reporting requirements, where used,
should not be unduly onerous, invasive or difficult to comply with. Bail, bond
and surety should be made available to irregular migrants under conditions
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