Alternatives to detention for asylum seekers and people in return procedures
1. Right to liberty: selected instruments
Human rights law affirms that no one should be subject to arbitrary arrest or detention. The
right to liberty is set out in a number of international human rights documents, beginning
with the Universal Declaration of Human Rights. This is also reflected in regional human rights
instruments, as well as in the Charter of Fundamental Rights of the European Union .
Instrument
Main provisions
International human rights instruments
Universal Declaration of Human Rights
Art. 3 – Right to life, liberty and security
Art. 9 – Prohibition of arbitrary detention
International Covenant on Civil and Political
Rights (ICCPR)
Art. 9 – Right to life, liberty and security;
prohibition of arbitrary detention
Convention on the Rights of the Child (CRC)
Art. 37(b) – Prohibition of children’s unlawful or
arbitrary detention
Convention on the Rights of Persons with
Disabilities (CRPD)
Art. 14 – Liberty and security of the person
Convention Relating to the Status of Refugees
Article 31 – Refugees unlawfully in the country
of refuge (prohibition of penalties)
Regional human rights instruments
European Convention on Human Rights (ECHR)
Art. 5 – Right to liberty and security
American Convention on Human Rights
Art. 7 – Right to personal liberty
African Charter on Human and Peoples' Rights
Art. 6 – Right to personal liberty and protection
from arbitrary arrest
European Union law
Charter of Fundamental Rights of the European
Union
Art. 6 – Right to liberty and security
6