Alternatives to detention for asylum seekers and people in return procedures Bangkok Rules), 6 October 2010, A/C.3/65/L.5 involved and to provide for the special circumstances and particular vulnerabilities of specific groups, including women who need protection, girls in criminal justice system and victims of human trafficking Rules 64, 65 and 66 respectively focus on “pregnant women and women with dependent children,” “juvenile female offenders” and “foreign nationals.” Rule 57 […] Gender-specific options for diversionary measures and pre-trial and sentencing alternatives shall be developed within Member States’ legal systems, taking account of the history of victimization of many women offenders and their caretaking responsibilities. Rule 58 […] Alternative ways of managing women who commit offences, such as diversionary measures and retrial and sentencing alternatives, shall be implemented wherever appropriate and possible United Nations Rules for the Protection of Juveniles Deprived of their Liberty, 14 December 1990, A/RES/45/113 17. Juveniles who are detained under arrest or awaiting trial ("untried") are presumed innocent and shall be treated as such. Detention before trial shall be avoided to the extent possible and limited to exceptional circumstances. Therefore, all efforts shall be made to apply alternative measures. […] General comments by UN treaty bodies UN Human Rights Committee, General comment No. 35: Article 9, Liberty and security of person, 30 October 2014, CCPR/C/GC/35 18. Detention in the course of proceedings for the control of immigration is not per se arbitrary, but the detention must be justified as reasonable, necessary and proportionate in light of the circumstances, and reassessed as it extends in time. Asylum-seekers who unlawfully enter a State party’s territory may be detained for a brief initial period in order to document their entry, record their claims, and determine their identity if it is in doubt. To detain them further while their claims are being resolved would be arbitrary absent particular reasons specific to the individual, such as an individualized likelihood of absconding, danger of crimes against others, or risk of acts against national security. The decision must consider relevant factors case-by-case, and not be based on a mandatory rule for a broad category; must take into account less invasive means of achieving the same ends, such as reporting obligations, sureties, or other conditions to prevent absconding; and must be subject to periodic revaluation and judicial review. […] Children should not be deprived of liberty, except as a measure of last resort and for the shortest appropriate period of time, taking into account their best interests as a primary consideration with regard to the duration and conditions of detention, and also taking into account the extreme vulnerability and need for care of unaccompanied minors. UN Committee on the Rights of the Child, General Comment No. 6: Treatment of Unaccompanied and 61. In application of article 37 of the Convention and the principle of the best interests of the child, unaccompanied or separated children should not, as a general rule, be detained. Detention cannot be justified solely on the basis of the child being unaccompanied or separated, or on their migratory or residence status, or lack thereof. Where 8

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