Detention of migrants in an irregular situation 2012, para. 43

Paragraph
Document type
Special Procedures' report
Paragraph text
Detention can be particularly damaging to vulnerable categories of migrants, including victims of torture, unaccompanied older persons, persons with a mental or physical disability, and persons living with HIV/AIDS. The UNHCR guidelines provide that, given the very negative effects of detention on the psychological well-being of those detained, active consideration of possible alternatives should precede any order to detain asylum-seekers belonging to vulnerable categories. The Special Rapporteur is of the opinion that the same principle should apply to vulnerable migrants. In the event that individuals falling within these categories are detained, it is advisable that this should only be on the certification of a qualified medical practitioner that detention will not adversely affect their health and well-being. In addition, there must be regular follow up and support by skilled personnel. They must also have access to adequate health services, medication and counselling.
Legal status
Non-negotiated soft law
Body
Special Procedures: Special Rapporteur on the human rights of migrants
Means of adoption
N.A.
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Health
  • Movement
Person(s) affected
  • Older persons
  • Persons on the move
Year
2012
Paragraph type
Other
Paragraph number
43