Article 9: Liberty and security of person 2014, para. 44
Paragraphe- Paragraph text
- Unlawful detention includes both detention that violates domestic law and detention that is incompatible with the requirements of article 9, paragraph 1, or with any other relevant provision of the Covenant. While domestic legal systems may establish differing methods for ensuring court review of detention, paragraph 4 requires that there be a judicial remedy for any detention that is unlawful on one of those grounds. For example, the power of a family court to order release of a child from detention that is not in the child's best interests may satisfy the requirements of paragraph 4 in relevant cases.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Année
- 2014
- Type de paragraphe
- Other
- Reference
- CCPR General Comment No. 35, Article 9: Liberty and security of person (2014), para. 44.
- Paragraph number
- 44
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