A/HRC/31/35 that they will accept greater risks to continue their journey. 47 There is evidence that migrants are less likely to abscond in a country through which they are transiting if their basic needs are met through legal avenues, they are not at risk of detention or refoulement and they can remain hopeful regarding future prospects.48 42. The right to liberty and security of person is a fundamental human right to be enjoyed by everyone, regardless of legal status. 49 Under international human rights law, the deprivation of liberty should, in all cases, be a measure of last resort, of limited scope and duration, necessary and proportionate, and the result of an individual determination. The detention of asylum seekers as a penalty for irregular entry is not lawful. 50 OHCHR has called on States to establish a presumption against detention in law and legally prescribe human rights-compliant alternatives to detention.51 43. Children are often detained along with unrelated adults or arbitrarily separated from their family members. While there is a lack of data on how many children are detained globally, since many countries do not keep or release relevant data, the Global Campaign to End Immigration Detention of Children estimates that hundreds of thousands of children are currently detained for immigration purposes. 52 44. According to the Committee on the Rights of the Child, detention of a child owing to his or her or the parent’s migration status always contravenes the best interest of the child. The Committee has called upon States to expeditiously and completely cease the detention of children on the basis of their immigration status. 53 45. In the exceptional cases where migrants are detained, international law provides that all migrants are entitled to adequate living conditions and procedural safeguards.54 The Committee on the Elimination of Discrimination against Women has called on States to ensure that women migrant workers who are in detention do not suffer discrimination or gender-based violence and that pregnant and breastfeeding mothers as well as women in ill health have access to appropriate services. 55 OHCHR has called for States to ensure that 47 48 49 50 51 52 53 54 55 12 Robyn Sampson and others, There are Alternatives: A handbook for preventing unnecessary immigration detention (revised edition), (Melbourne: International Detention Coalition, 2015), p. 63. Ibid. “Transit community models” of alternatives to detention in some countries ensure the right to freedom of movement in the community; in some contexts, migrants are required to reside in specific towns (Turkey) or to not enter border areas without permission (Indonesia). Conditions, such as reporting, are only applied as needed. The principles of case management and information about available options remain central, as seen in reduced levels of absconding in Thailand. See Universal Declaration of Human Rights, arts. 3 and 9; and International Covenant on Civil and Political Rights, art. 9. Office of the United Nations High Commissioner for Refugees (UNHCR), Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention, (Geneva, 2012), guideline 4.1.4, p. 19. Available at www.refworld.org/pdfid/ 503489533b8.pdf. See OHCHR, Recommended Principles and Guidelines on Human Rights at International Borders, guideline 8.1. See Global Campaign to End Immigration Detention of Children, “The Issue”, available at http://endchilddetention.org/the-issue/. See the Committee’s report of the 2012 day of general discussion on the rights of all children in the context of international migration, para. 78. See A/HRC/20/24, paras. 15-20. See the Committee’s general recommendation No. 26 (2008) on women migrant workers, para. 26 (j).