A/HRC/30/19 regional human rights bodies18 have all expressed serious concerns about overcrowding in places of deprivation of liberty and its negative impact on the human rights of detainees. 5. Overcrowding is not only a problem in prisons but also in other places in which individuals are deprived of their liberty. Article 4 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment defines the term “deprivation of liberty” as encompassing any place under States’ jurisdiction and control where persons are or may be deprived of their liberty, either by virtue of an order given by a public authority, or at its instigation, or with its consent or acquiescence. This definition corresponds to the long-standing practice of international and regional human rights mechanisms, which have interpreted the term “deprivation of liberty” to include settings beyond the criminal justice sector. 19 The problem of overcrowding also extends to such settings, including psychiatric hospitals,20 various centres for holding irregular migrants and asylum seekers, 21 including offshore centres for processing asylum claims,22 and temporary airport holding facilities.23 6. The Human Rights Council, in its resolution 24/12, encouraged States to address overcrowding in detention facilities by taking effective measures. In the same resolution, it requested the United Nations High Commissioner for Human Rights to submit an analytical report on the human rights implications of overincarceration and overcrowding, drawing on the experience of United Nations and regional human rights mechanisms, seeking the views of States, including on their practice regarding alternatives to detention, and other relevant stakeholders. In response to a note verbale sent by the Office of the United Nations High Commissioner for Human Rights, 23 States and 22 other stakeholders submitted their views, which are available online.24 7. The present report contains an analysis of the human rights implications of overincarceration and overcrowding, including the impact of overincarceration and overcrowding on human rights, the main causes of overincarceration and overcrowding, recommendations on ways to address these issues and conclusions. II. The impact of overincarceration and overcrowding on human rights 8. The main element that defines deprivation of liberty is the inability of those who are in detention to protect themselves, as their daily life is largely dependent on the decisions taken by personnel in detention facilities.25 Therefore, when resorting to deprivation of liberty, a State undertakes a duty of care 26 and special responsibility27 towards those held in 18 19 20 21 22 23 24 25 26 4 See www.achpr.org/files/sessions/52nd/inter-act-reps/185/activty_report_prisons_eng.pdf, p. 8. CCPR/C/GC/35, para. 5. E/C.12/1/Add.80, para. 31; A/HRC/25/60/Add.1, para. 69; CAT/C/GHA/CO/1, para. 17; CAT/C/RUS/CO/4, para. 18; CAT/OP/MEX/1, para. 203; www.achpr.org/files/activityreports/36/achpr54eos15_actrep36_2014_eng.pdf, para. VII b(xvi). E/C.12/DEU/CO/5, para. 13; A/HRC/13/30, para. 65; CAT/C/GRC/CO/5-6, para. 20; CAT/C/NOR/CO/6-7, para. 17; CCPR/C/FIN/CO/6, para. 10; www.achpr.org/files/sessions/37th/mission-reports/prisons2004/misrep_specmec_priso_southafrica_2004_eng.pdf, p. 65. CAT/C/AUS/CO/4-5, para. 17. See Council of Europe document CPT/Inf (2014) 26, para. 73. www.ohchr.org/EN/Issues/RuleOfLaw/Pages/Overincarceration.aspx. A/HRC/10/21, para. 46. See Council of Europe document CPT/Inf (2015) 12, para. 54.