Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 49
Paragraph- Paragraph text
- States parties should recognize in their legislation that seeking asylum is not an unlawful act and that women asylum seekers should not be penalized (including by means of detention) for their illegal entry or stay if they present themselves to the authorities without delay and show good cause for their illegal entry or stay. As a general rule, detention of pregnant women and nursing mothers, who both have special needs, should be avoided, while children should not be detained with their mothers unless doing so is the only means of maintaining family unity and is determined to be in the best interest of the child. Alternatives to detention, including release with or without conditions, should be considered in each individual case and especially when separate facilities for women and/or families are not available.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
- Reference
- CEDAW General Recommendation No. 32, Gender-related dimensions of refugee status, asylum, nationality and statelessness of women (2014), para. 49.
- Paragraph info
- Conclusion / Recommendation
- Paragraph number
- 49
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