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CERD concluding observations 2016, paragraph 39

UN recommendation

Plain English recommendation

Government should:

Set a legal time limit for immigration detention. Ensure detention is used only as a last resort, and take further steps to end the immigration detention of children. Ensure effective access to justice, including legal aid, for people held in immigration detention. Consider UN advice on discrimination against non-citizens.


Original UN recommendation

Recalling its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee recommends that the State party establish a statutory time limit on the duration of immigration detention and ensure that detention is used as a measure of last resort, and take further steps to end the immigration detention of children. The State party should also ensure that individuals who are held in immigration detention facilities have effective access to justice, including legal aid.

Date of UN examination

02/10/2016

UN article number

2 (general obligations), Article 5 (prohibition of racial discrimination; equal enjoyment of rights), 6 (remedies)

Last updated on 08/10/2019