equal basis with others, entitled to guarantees in accordance with international human rights law’. 62. Detention solely on the grounds of disability is considered to violate article 14 of the CRPD.505 63. The UN Standard Minimum Rules for the Treatment of Prisoners also requires that those with mental health issues are ‘observed and treated in specialized institutions under medical management’ rather than prisons.506 64. States also need to ensure due process guarantees apply in relation to deprivation of liberty in these contexts507 and individuals should be able to challenge their detention through a judicial body.508 Migrants and asylum seekers 65. Refugees should be able to challenge their detention in accordance with the UN Convention Relating to the Status of Refugees509 and UNHCR Guidelines on the Applicable Criteria and Standards Relating to the Detention of Asylum Seekers and Alternatives to Detention.510 66. Such challenges should be able to be made before a court of law at any time. 511 67. Guarantees include that the custodial measures should be made in writing and in a language that they understand, they should include the grounds and conditions for detention and the detention must be approved by a judge or body that complies with standards of competence, impartiality and independence.512 68. A maximum period of detention should be provided for by law513 and decisions on detention regularly reviewed.514 F. Compensation for unlawful detention 69. There is a right to compensation for unlawful detention. This is a specific remedy that does not displace other remedies, including release from 505 Committee on the Rights of Persons with Disabilities, CRPD/C/PER/CO/1, paras 28 and 29. UN Standard Minimum Rules, para 82. 507 CRPD/C/ARG/CO/1. 508 Working Group on Arbitrary Detention, E/CN.4/2004/3, para 87. 509 Articles 16, 32(2). 510 Working Group on Arbitrary Detention, E/CN.4/1999/63. 511 Guidelines on Applicable Criteria and Standards relating to the Detention of Asylum Seekers and Alternatives to Detention, 2012, guideline 7. 512 Special Rapporteur on the human rights of migrants, Report, 2012, A/HRC/20/24. See also Working Group on Arbitrary Detention, opinions 55/2011, and 14/2011. E/CN.4/2000/4, principle 8. See also International Convention on the Protection of the Rights of All Migrant Workers and their Families, Article 16, and the General Comment No.2 (2013), by its Committee. 513 Article 9(4) ICCPR; A//HRC/13/30, para 61. 514 Human Rights Committee, CCPR/C/59/D/560/1993, para 9.4. 506 94