The principle of non-refoulement is a fundamental principle of international law. This principle prohibits the return of any individual to a place where she or he is at risk of torture or other serious human rights violations.36 Refugees and asylum seekers are protected from being returned to their country of origin where they would face persecution, either directly or indirectly. The principle of non-refoulement is applicable not only to refugees but to any migrant at risk. 37 Everyone has a right to leave any country, including their own.38 This right shall not be subject to any restriction except those which are provided by law, are necessary to protect national security, public order, public health, or morals or rights and freedoms of others, and are consistent with other rights.39 No one shall be arbitrarily deprived of the right to enter one’s own country.40 Libya is also a State party to the 1979 International Convention on Maritime Search and Rescue, which requires States parties to ensure that assistance is provided to any person in distress at sea, regardless of the nationality or status of the person or the circumstances in which the person is found and to provide for his or her initial medical or other needs and deliver him or her to a place of safety. status is never in the best interests of the child, exceeds the requirement of necessity, becomes grossly disproportionate and may constitute cruel, inhuman or degrading treatment of migrant children.”. This principle was also highlighted in para. 56 of the New York Declaration for Refugees and Migrants in which Member States affirmed that children should not be criminalized or subject to punitive measures because of their migration status or that of their parents. 34 See Convention on the Rights of the Child, art. 3. See also Report of the UN Committee on the Rights of the Child: Day of General Discussion on the rights of all children in the context of migration; and Report of the Special Rapporteur on the Human Rights of Migrants, A/HRC/20/24, para. 41. 35 See the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). Rules 11(a) and 81, General Assembly resolution 70/175, annex, adopted on 17 December 2015. See also the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), General Assembly resolution 65/229, Annex, adopted on 21 December 2010, which states that in order for the principle of non-discrimination to be put into practice, account shall be taken of the distinctive needs of women prisoners in the application of the Rules. 36 The prohibition of refoulement is explicitly included in the 1951 Convention Relating to the Status of Refugees (1951 Convention) as well as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The principle has been interpreted by international human rights bodies, regional human rights courts, as well as national courts to be an implicit guarantee flowing from the obligations to respect, protect and fulfil human rights. 37 CAT, art. 3 38 ICCPR, art. 12 (2) 39 ICCPR, art. 12 (3). 40 ICCPR, art. 12(4) 10