What are the key human rights principles relevant to people in immigration detention facilities?
Non-refoulement Non-refoulement is the principle that prohibits the forcible return of any person to a country where he or she risks facing persecution on return (article 33(1), Refugee Convention; articles 6, 7, ICCPR; articles 6, 37, CRC).[13]
Freedom from arbitrary detention No one should be subjected to arbitrary arrest or detention (article 9(1), ICCPR; article 37(b), CRC). The term ‘arbitrary’ refers to more than simply whether the arrest or detention is unlawful. To avoid being arbitrary, detention must be reasonable, necessary and a proportionate means to achieve a legitimate aim.
Detention of children as a last resort The arrest, detention or imprisonment of a child should be used only as a measure of last resort and for the shortest appropriate period of time (article 37(b), CRC).
Right to judicial review of detention Anyone who is deprived of his or her liberty has the right to challenge the lawfulness of his or her detention before a court (article 9(4), ICCPR; article 37(d), CRC).
Right to access legal assistance Anyone who is detained should have access to independent legal advice and assistance (Article 37(d), CRC; Principles 13, 14 and 17 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988)).
Right to be treated with humanity and respect All persons deprived of their liberty should be treated with humanity and respect for the inherent dignity of the human person (article 10(1), ICCPR; article 37(c), CRC).
Freedom from torture and cruel, inhuman or degrading treatment or punishment No one should be subjected to torture or to cruel, inhuman or degrading treatment of punishment (article 7, ICCPR; article 37(a), CRC).
The best interests of the child In all actions concerning children, the best interests of the child should be a primary consideration. States Parties should ensure the child such protection and care as is necessary for the child’s well-being, taking into account the rights and duties of his or her parents or others legally responsible for him or her (article 3, CRC).
Non-discrimination Everyone is entitled to respect for their human rights without discrimination (article 2(1) and 26, ICCPR; article 2(1), CRC).
