A/HRC/30/37
guardians made available to children are to be adequately trained to work with children,
particularly taking into account the extreme vulnerability and need for care, and are to
speak a language they understand. Children who are non-nationals should not be placed in
detention centres or shelters for migrants, but in non-custodial community-based
alternatives to detention, where they may receive all services necessary for their protection,
such as adequate nutrition, access to quality education and leisure, care, physical and
psychological medical care and security. Special attention should be given to family
reunification.
115. In the case of migrants in an irregular situation, the scope of the judicial review
should not be confined to a formal assessment of the migrant’s current migration status, but
also include the possibility of release if detention is determined to be unnecessary,
disproportionate, unlawful or arbitrary.
116. In the case of asylum seekers, the scope of judicial review should recognize that
there is a right to seek asylum under international law and that, given that it is neither an
unlawful nor a criminal act, it cannot be invoked as grounds for their detention. Asylum
seekers and refugees are to be protected from penalization for their illegal entry or stay in
accordance with international refugee law, including through the use of detention.
Guideline 22
Implementation measures
117. Legislative, administrative, judicial and other measures, including through the
development of common law principles, shall be adopted to give effect to the present Basic
Principles and Guidelines to ensure that the rights and obligations contained in them are
always guaranteed in law and practice, including in the event of a public emergency
threatening the life of the nation and the existence of which has been officially proclaimed.
118. The above-mentioned measures shall include a review of existing legislative,
administrative and other provisions to assess compatibility with the present Basic Principles
and Guidelines. The country visits of the Working Group on Arbitrary Detention present an
opportunity to engage in direct dialogue with the Government of the State in question and
with representatives of civil society with the aim ofassisting in the implementation of the
principles and guidelines.
119. For the proper implementation of these guarantees, States are encouraged to promote
appropriate training for those working in the field of the administration of justice, including
police and prison staff. This measure also includes providing training to judges, tribunal
and legal officers on how to apply customary international law and rules from the
International Convention on Civil and Political Rights, as well as relevant international
standards. The Working Group on Arbitrary Detention stands ready to assist in fulfilling
this duty of States.
120. Legislation shall be enacted to consider a crime any act or omission that impedes or
restricts the right of anyone deprived of his or her liberty to bring proceedings before a
court to challenge the arbitrariness and lawfulness of detention and to receive without delay
appropriate and accessible remedies.
121. Violations of the rights enshrined in the present Basic Principles and Guidelines
shall be investigated, prosecuted and punished.
122. The present Basic Principles and Guidelines shall be widely disseminated, including
to justice sector actors, the community and to national human rights institutions, national
preventative mechanisms, statutory oversight authorities and other institutions or
organizations with a mandate to provide accountability, oversight or inspections to places
of deprivation of liberty. Accessible formats for the mentioned dissemination must also be
27
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