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Measures applied under the law and designed solely to protect the rights and special status of women, especially pregnant women and nursing mothers, children and juveniles, aged, sick or
handicapped persons shall not be deemed to be discriminatory. The need for, and the application of, such measures shall always be subject to review by a judicial or other authority.

Detention of migrants in other situations of vulnerability or at risk, such as pregnant women, breastfeeding mothers, elderly persons, persons with disabilities, lesbian, gay, bisexual, transgender and intersex persons, or survivors of trafficking, torture and/or other serious violent crimes, must not take place.

The juvenile justice system should uphold the rights and safety and promote the physical and mental well-being of juveniles. Imprisonment should be used as a last resort.

All parts of an institution regularly used by prisoners shall be properly maintained and kept scrupulously clean at all times.

To ensure the effectiveness and fairness of proceedings and to strengthen the protection of detainees from other violations, such as torture or other ill-treatment, a court should guarantee the physical presence of the detainee before it, in particular for the first hearing of the challenge to the arbitrariness and lawfulness of the deprivation of liberty and every time that the person deprived of liberty requests to appear physically before the court. This shall be ensured through implementation of the following measures:

(a) Any person deprived of his or her liberty, and not only persons charged with a criminal offence, shall enjoy the right to appear promptly before a court in order to challenge the deprivation of liberty and the conditions of detention, including acts of torture and ill treatment.