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Instrument
Provision
Text
9(1)
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
5(2)
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.
P32
Those detained in the course of migration proceedings must be treated without discrimination based on race, colour, sex, property, birth, age, national, ethnic or social origin, language, religion, economic condition, political or other opinion, sexual orientation or gender identity, disability, nationality or any other status, or on any ground that aims at or may result in undermining the enjoyment of human rights on the basis of equality.
P38
All detained migrants must be treated humanely and with respect for their inherent dignity. The conditions of their detention must be humane, appropriate and respectful, noting the non-punitive character of the detention in the course of migration proceedings.
II.106(c)
Measures shall be taken to ensure accessibility and the provision of reasonable accommodation to persons with disabilities in their place of deprivation of liberty, including the following guarantees:
(c) Persons with disabilities are to have access to, on an equal basis with other persons subject to detention, the physical environment, information and communications, and other facilities provided by the detaining authority. Accordingly, all relevant measures are to be taken, including the identification and removal of obstacles and barriers to access so that persons with disabilities who are deprived of their liberty may live independently and participate fully in all aspects of daily life in their place of deprivation of liberty.
(c) Persons with disabilities are to have access to, on an equal basis with other persons subject to detention, the physical environment, information and communications, and other facilities provided by the detaining authority. Accordingly, all relevant measures are to be taken, including the identification and removal of obstacles and barriers to access so that persons with disabilities who are deprived of their liberty may live independently and participate fully in all aspects of daily life in their place of deprivation of liberty.
II.106(d)
Measures shall be taken to ensure accessibility and the provision of reasonable accommodation to persons with disabilities in their place of deprivation of liberty, including the following guarantees:
(d) Accessibility should also take into account the gender and age of persons with disabilities, and equal access should be provided regardless of the type of impairment, legal status, social condition, gender and age of the detainee.
(d) Accessibility should also take into account the gender and age of persons with disabilities, and equal access should be provided regardless of the type of impairment, legal status, social condition, gender and age of the detainee.
II.106(e)
Measures shall be taken to ensure accessibility and the provision of reasonable accommodation to persons with disabilities in their place of deprivation of liberty, including the following guarantees:
(e) Persons with disabilities shall be provided with legal or other appropriate support, including interpretation and peer support mechanisms, so that individuals receiving services in mental health facilities or residential facilities of any kind may be informed about their rights and remedies under domestic and international law, including those contained in the present Basic Principles and Guidelines, and organizations may act on behalf of those detained against their will.
(e) Persons with disabilities shall be provided with legal or other appropriate support, including interpretation and peer support mechanisms, so that individuals receiving services in mental health facilities or residential facilities of any kind may be informed about their rights and remedies under domestic and international law, including those contained in the present Basic Principles and Guidelines, and organizations may act on behalf of those detained against their will.
O7.23(a)
We commit to respond to the needs of migrants who face situations of vulnerability, which may arise from the circumstances in which they travel or the conditions they face in countries of origin, transit and destination, by assisting them and protecting their human rights, in accordance with our obligations under international law. We further commit to uphold the best interests of the child at all times, as a primary consideration in situations where children are concerned, and to apply a gender-responsive approach in addressing vulnerabilities, including in responses to mixed movements.
To realize this commitment, we will draw from the following actions:
(a) Review relevant policies and practices to ensure that they do not create, exacerbate or unintentionally increase vulnerabilities of migrants, including by applying a human rights-based, gender- and disability-responsive, as well as age- and child-sensitive approach.
To realize this commitment, we will draw from the following actions:
(a) Review relevant policies and practices to ensure that they do not create, exacerbate or unintentionally increase vulnerabilities of migrants, including by applying a human rights-based, gender- and disability-responsive, as well as age- and child-sensitive approach.
O7.23(b)
We commit to respond to the needs of migrants who face situations of vulnerability, which may arise from the circumstances in which they travel or the conditions they face in countries of origin, transit and destination, by assisting them and protecting their human rights, in accordance with our obligations under international law. We further commit to uphold the best interests of the child at all times, as a primary consideration in situations where children are concerned, and to apply a gender-responsive approach in addressing vulnerabilities, including in responses to mixed movements.
To realize this commitment, we will draw from the following actions:
(b) Establish comprehensive policies and develop partnerships that provide migrants in a situation of vulnerability, regardless of their migration status, with necessary support at all stages of migration, through identification and assistance, as well as protection of their human rights, in particular in cases related to women at risk, children, especially those unaccompanied or separated from their families, members of ethnic and religious minorities, victims of violence, including sexual and gender-based violence, older persons, persons with disabilities, persons who are discriminated against on any basis, indigenous peoples, workers facing exploitation and abuse, domestic workers, victims of trafficking in persons, and migrants subject to exploitation and abuse in the context of smuggling of migrants.
To realize this commitment, we will draw from the following actions:
(b) Establish comprehensive policies and develop partnerships that provide migrants in a situation of vulnerability, regardless of their migration status, with necessary support at all stages of migration, through identification and assistance, as well as protection of their human rights, in particular in cases related to women at risk, children, especially those unaccompanied or separated from their families, members of ethnic and religious minorities, victims of violence, including sexual and gender-based violence, older persons, persons with disabilities, persons who are discriminated against on any basis, indigenous peoples, workers facing exploitation and abuse, domestic workers, victims of trafficking in persons, and migrants subject to exploitation and abuse in the context of smuggling of migrants.
O.13.29(c)
We commit to ensure that any detention in the context of international migration follows due process, is non-arbitrary, based on law, necessity, proportionality, and individual assessments, is carried out by authorized officials, and for the shortest possible period of time, irrespective of whether detention occurs at the moment of entry, in transit, or proceedings of return, and regardless of the type of place where the detention occurs. We further commit to prioritize non-custodial alternatives to detention that are in line with international law, and to take a human rights-based approach to any detention of migrants, using detention as a measure of last resort only.
To realize this commitment, we will draw from the following actions:
(c) Review and revise relevant legislation, policies and practices related to immigration detention to ensure that migrants are not detained arbitrarily, that decisions to detain are based on law, are proportionate, have a legitimate purpose, and are taken on an individual basis, in full compliance with due process and procedural safeguards, and that immigration detention is not promoted as a deterrent or used as a form of cruel, inhumane or degrading treatment of migrants, in accordance with international human rights law.
To realize this commitment, we will draw from the following actions:
(c) Review and revise relevant legislation, policies and practices related to immigration detention to ensure that migrants are not detained arbitrarily, that decisions to detain are based on law, are proportionate, have a legitimate purpose, and are taken on an individual basis, in full compliance with due process and procedural safeguards, and that immigration detention is not promoted as a deterrent or used as a form of cruel, inhumane or degrading treatment of migrants, in accordance with international human rights law.
O15.31(a)
We commit to ensure that all migrants, regardless of their migration status, can exercise their human rights through safe access to basic services. We further commit to strengthen migrant-inclusive service delivery systems, notwithstanding that nationals and regular migrants may be entitled to more comprehensive service provision, while ensuring that any differential treatment must be based on law, be proportionate and pursue a legitimate aim, in accordance with international human rights law.
To realize this commitment, we will draw from the following actions:
(a) Enact laws and take measures to ensure that service delivery does not amount to discrimination against migrants on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, disability or other grounds irrespective of cases where differential provision of services based on migration status might apply.
To realize this commitment, we will draw from the following actions:
(a) Enact laws and take measures to ensure that service delivery does not amount to discrimination against migrants on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, disability or other grounds irrespective of cases where differential provision of services based on migration status might apply.
O15.31(c)
We commit to ensure that all migrants, regardless of their migration status, can exercise their human rights through safe access to basic services. We further commit to strengthen migrant-inclusive service delivery systems, notwithstanding that nationals and regular migrants may be entitled to more comprehensive service provision, while ensuring that any differential treatment must be based on law, be proportionate and pursue a legitimate aim, in accordance with international human rights law.
To realize this commitment, we will draw from the following actions:
(c) Establish and strengthen holistic and easily accessible service points at the local level that are migrant-inclusive, offer relevant information on basic services in a gender- and disability-responsive as well as child-sensitive manner, and facilitate safe access thereto.
To realize this commitment, we will draw from the following actions:
(c) Establish and strengthen holistic and easily accessible service points at the local level that are migrant-inclusive, offer relevant information on basic services in a gender- and disability-responsive as well as child-sensitive manner, and facilitate safe access thereto.