The right to liberty and security Article 5 (1) of the ECHR protects the right to liberty and security, providing an exhaustive list of permissible exceptions, which Chapter 3 describes. To be permissible under the convention, it also follows from ECtHR case law that detention must be carried out in good faith; must be closely connected to the ground of detention relied upon; be in a place and under conditions that are appropriate; and be for the shortest period of time that is reasonably required to fulfil the purpose of detention.54 In addition, when assessing the legality of migration-related detention, the ECtHR looks at whether or not a less intrusive measure could have been imposed before detention (see Chapter 5). Table 4: 2.1.3. International law International human rights law affirms that no one must be subject to arbitrary arrest or detention. The right to liberty and security and/or the prohibition of arbitrary detention appears in a number of international human rights instruments, beginning with the 1948 Universal Declaration of Human Rights (UDHR) and continuing through core UN human rights conventions. Table 4 lists core provisions of the legally binding international instruments relating to detention adopted under the aegis of the UN, which apply to all persons regardless of their age. Main human rights law provisions on deprivation of liberty and prohibition of arbitrary detention Instrument Main provision Ratification UDHR, Articles 3, 9 “Everyone has the right to […] liberty and security of person.” “No one shall be subjected to arbitrary arrest, detention or exile.” UN General Assembly resolution, having general customary international law character ICCPR, Article 9 (1) “Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.” All EU Member States ICRMW, Article 16 (4) “Migrant workers and members of their families shall not be subjected individually or collectively to arbitrary arrest or detention; they shall not be deprived of their liberty except on such grounds and in accordance with such procedures as are established by law.” No EU Member States CRPD, Article 14 (1) “States Parties shall ensure that persons with disabilities, on an equal basis with others: a) Enjoy the right to liberty and security of person; b) Are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty is in conformity with the law, and that the existence of a disability shall in no case justify a deprivation of liberty.” All EU Member States except Ireland 1951 Geneva Convention, Article 31 (1) “The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of Article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.” All EU Member States Source: FRA, 2017 54 ECtHR, Saadi v. the United Kingdom [GC], No.13229/03, 29 January 2008, para. 74; A. and Others v. the United Kingdom [GC], No. 3455/05, 19 February 2009, para. 164; Louled Massoud v. Malta, No. 24340/08, 27 July 2010, para. 62; Thimothawes v. Belgium, No. 39061/11, 4 April 2017, para. 64. 27