Alternatives to detention for asylum seekers and people in return procedures
4. Alternatives to detention: selected tools
A number of tools and initiatives provide guidance on how to develop alternatives to
detention for asylum seekers and migrants in an irregular situation. UNHCR and the
International Detention Coalition (IDC), a network of civil society organisations, have
developed guidelines, while the Odysseus Network has put together a training module on
alternatives to detention.
Document
Content
UNHCR, Options Paper 2: Options
for governments on open
reception and alternatives to
detention, April 2015
Provides good practices from several countries on the
reception of asylum-seekers and the use of open reception and
alternatives to detention.
UNHCR, Options Paper 1: Options
for governments on care
arrangements and alternatives to
detention for children and
families, April 2015
Provides guiding principles for policy and decision makers and
lists good practices from various countries on the reception of
unaccompanied children, on families with children, and on the
implementation of alternatives to detention.
International Commission of
Jurists (ICJ), Updated
Practitioners Guide on Migration
and International Human Rights
Law, 2 October 2014,
Practitioners Guide No. 6
Chapter 4, “Migrants in detention” (p. 175 s.) explains how
international human rights standards apply to detention for the
purposes of immigration. It describes how the right to liberty is
enshrined in the main human rights instruments and the
approach to alternatives to detention of the CCPR, ECtHR and
Inter-American Court of Human Rights.
Odysseus Network, Module on
alternatives to detention in
the EU, 2014
“The training module was designed as a tool available for those
interested in conducting awareness-raising/training sessions
on alternatives to detention in the EU context.” It “takes the
form of an interactive power point presentation which can be
modified by the partners according to their national context.”
UNHCR, Guidelines on the
Applicable Criteria and Standards
relating to the Detention of
Asylum-Seekers and Alternatives
to Detention, 2012
“These Guidelines reflect the state of international law relating
to detention – on immigration-related grounds – of asylumseekers and other persons seeking international protection.”
According to guideline 4.3, “alternatives to detention need to
be considered.” Annex A outlines a range of alternatives.
International Detention Coalition
(IDC), Captured Childhood:
Introducing a new model to
ensure the rights and liberty of
refugee, asylum seeker and
Irregular migrant children
affected by Immigration
detention, 2012
The policy document “tells the stories of children who have
been detained in immigration detention and proposes a model
that can prevent the future detention of others.” It promotes
the use of alternatives to detention and highlights the positive
impacts of using alternatives.
IDC, Legal Framework and
standards relating to the
detention of refugees, asylum
The IDC presents its core position on immigration detention
into a ten standards brief, and the international legal provisions
supporting those standards. Standard 6 refers to alternatives
to detention.
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents