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

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