A/HRC/30/37 Guideline 21 Specific measures for non-nationals, including migrants regardless of their migration status, asylum seekers, refugees and stateless persons 108. Any restrictions on the liberty of non-nationals, including migrants regardless of their migration status, asylum seekers, refugees and stateless persons, is to be a measure of last resort, necessary and proportionate, and imposed only where less restrictive alternatives have been considered and been found to be inadequate to meet legitimate purposes. 109. All individuals who find themselves in the territory or subject to the State’s jurisdiction shall be guaranteed effective and free access to the courts of law. This includes the right: (a) To be informed orally and in writing of the reasons for detention, and on the rights of persons in detention, including the right to challenge the arbitrariness and lawfulness of detention, in a language, means, mode or format that the person detained understands. This may require the provision of information through qualified interpreters and translators at no cost to the detainee and the publicizing of information, including through posters and television monitors in places of detention; (b) To bring proceedings, either personally or through a representative, before a court to challenge the necessity, proportionality, arbitrariness and lawfulness of detention and to receive without delay appropriate and accessible remedies; (c) To contact, and be contacted by, any interested parties that might be able to address their needs and to provide them with relevant information or legal assistance, including providing facilities to meet with such persons. This is particularly important where migrant detention facilities are located in remote locations far from population centres. In such situations, mobile courts and video conferencing may be used to gain accessibility to a court of law but do not preclude the right of a detained person to appear in person before a judge. 110. The monitoring of all places of immigration detention and public reporting by relevant United Nations agencies, regional and international human rights mechanisms, national human rights institutions, non-governmental organizations and consular officials (conditional upon request by persons in immigration detention) shall be permitted to ensure that the exercise of the right to bring proceedings before court to challenge the lawfulness and arbitrariness of detention and to receive appropriate remedies is accessible and effective. 111. Decisions regarding the detention of non-nationals are to take into account also the effect of the detention on the physical and mental health of the said persons. When physical and mental security cannot be guaranteed in detention, authorities should provide alternatives to detention. 112. All decisions and actions taken in relation to non-nationals below the age of 18, whether accompanied or unaccompanied, shall be guided by the right of the child to have his or her best interests taken as a primary consideration, and shall accord with the specific protections afforded to children in the present Basic Principles and Guidelines. 113. National legislative frameworks and migration policies shall reflect that the detention of children because of their or their parent’s migration status always constitutes a violation of the rights of the child, and contravenes the right of the child to have his or her best interests taken as a primary consideration. 114. Unaccompanied children who are non-nationals shall be informed about their legal status to ensure that they fully understand their situation. Public defence services and/or 26