Rights of migrant workers in an irregular situation and members of their families 2013, para. 26
Paragraph
Paragraph text
In the Committee's view, any custodial or non-custodial measure restricting the right to liberty must be exceptional and always based on a detailed and individualized assessment. Such assessment should consider the necessity and appropriateness of any restriction of liberty, including whether it is proportional to the objective to be achieved. The principle of proportionality requires States parties to detain migrant workers only as a last resort, and to give preference to less coercive measures, especially non-custodial measures, whenever such measures suffice to achieve the objective pursued. In all such cases, the least intrusive and restrictive measure possible in each individual case should be applied.
Legal status
Non-negotiated soft law
Body
Committee on Migrant Workers
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
Governance & Rule of Law
Movement
Person(s) affected
Families
Persons on the move
Year
2013
Paragraph type
Other
Reference
CMW General Comment No. 2, Rights of migrant workers in an irregular situation and members of their families (2013), para. 26.