Alternatives to detention for asylum seekers and people in return procedures of proportionality and necessity for every measure. Some noncustodial measures may be so restrictive, either by themselves or in combination with other measures, that they amount to alternative forms of detention, instead of alternatives to detention. When considering whether the measures applied amount to detention, the cumulative impact of the restrictions as well as the degree and intensity of each of them should also be assessed. 56. Alternatives to detention may be defined as “any legislation, policy or practice that allows for asylum seekers, refugees and migrants to reside in the community with freedom of movement while their migration status is being resolved or while awaiting deportation or removal from the country [International Detention Coalition, October 2015 p. 2].” Paragraphs 57 to 65 explain different type of alternatives to detention: 57. Registration with the authorities 58. Deposit of documents 59. Release on bail, bond, or under surety/guarantor 60. Periodic reporting to State officials 61. Case management/supervised release 62. Designated residence 63. Electronic monitoring 64. Home curfew/house arrest 65. Voluntary return programmes Paragraph 66 suggests safeguards States should respect for the success of alternatives to detention: provide clear information about the measure and access to legal advice; issue identification documents; ensure adequate standard of living and consider allowing access to the labour market; avoid policies that restrict the access to housing, basic welfare and health. 68. Detention for immigration purposes should never be mandatory or automatic. According to international human rights standards, it should be a measure of last resort, only permissible for the shortest period of time and when no less restrictive measure is available. Governments have an obligation to establish a presumption in favour of liberty in national law, first consider alternative non-custodial measures, proceed to an individual assessment and choose the least intrusive or restrictive measure. Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Report of the Special 85. With regard to the vulnerability of children deprived of their liberty Rapporteur on torture and policy reform, the Special Rapporteur calls upon all States: and other cruel, inhuman (m) To ensure that immigration detention is never used as a penalty or or degrading treatment punishment of migrant children, including for irregular entry or or punishment, Juan E. presence, and to provide alternative measures to detention that Méndez, 5 March 2015, promote the care and well-being of the child; A/HRC/28/68 11

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