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Liberty and security of person are important for their own sake, and also because the deprivation of liberty and security of person may severely impair the enjoyment of other rights. This is a right that is guaranteed to everyone on a state\u2019s territory.\u0026nbsp; The Human Rights Committee has explained in its General Comments that \u201ceveryone\u201d includes girls and boys, soldiers, persons with disabilities, lesbian, gay, bisexual and transgender persons, refugees and asylum seekers, stateless persons, migrant workers, persons convicted of crime, and persons who have engaged in terrorist activity.\u0026nbsp;\u003C\/p\u003E\u003Cp\u003E\u003Cstrong\u003ELiberty of Person\u0026nbsp;\u003C\/strong\u003E\u003C\/p\u003E\u003Cp\u003ELiberty of person concerns freedom from confinement of the body, not a general freedom of action. Deprivation of liberty involves more severe restriction of motion within a narrower space than mere interference with the freedom of movement. Examples of deprivation of liberty include police custody, imprisonment after conviction, house arrest, administrative detention, involuntary hospitalization, institutional custody of children and confinement to a restricted area of an airport as well as being involuntarily transported.\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003Cp\u003E\u003Cstrong\u003EImmigration Detention\u0026nbsp;\u003C\/strong\u003E\u003C\/p\u003E\u003Cp\u003EThe term \u2018immigration detention\u2019 refers to the detention of refugees, asylum-seekers, stateless persons and other migrants, either upon seeking entry to or stay in a territory (front-end detention) or pending deportation, removal or return (back-end detention) from a territory. It refers primarily to detention that is administratively authorised, but it also covers judicially sanctioned detention. \u2018Immigration detention\u2019 is to be distinguished from \u2018criminal detention\u2019 and \u2018security detention\u2019, which refer respectively to detention or other restrictions on liberty of nationals or non-nationals on the grounds of having committed a criminal offence, or for national security or terrorism-related reasons.\u0026nbsp;The Refugee Convention stipulates that refugees having come directly should not be penalised for their illegal entry or stay if they present themselves to the authorities without delay and show good cause for their illegal entry or stay. Depriving asylum-seekers or refugees of their liberty for the mere reason of having entered or stayed illegally is contrary to the right to liberty and security of person. The act of entering a country for the purposes of seeking asylum should not be considered an unlawful act. Automatically detaining asylum-seekers or stateless persons for the sole reason of their status as such would amount to an arbitrary deprivation of liberty.\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EDetention 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 to a legitimate purpose in the light of the individual\u2019s particular circumstances, subject to minimum procedural safeguards and reassessed as it extends in time. Detention of asylum seekers who unlawfully enter a State\u2019s territory may be legitimate for a brief initial period in order to document their entry, record their claims and determine their identity if it is in doubt. Detention while the asylum claim is determined would be arbitrary in the absence of particular reasons specific to the individual, such as an individualized likelihood of absconding, a danger of crimes against others or a 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 consider alternatives to detention and 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 re-evaluation and judicial review.\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EChildren should not be detained for immigration related purposes, irrespective of their legal\/migratory status or that of their parents, and detention is never in their best interests. Appropriate care arrangements and community-based programmes need to be in place to ensure adequate reception of children and their families, as liberty and freedom of movement of children should be always the preferred solution. Any necessary detention should take place in appropriate, sanitary, non-punitive facilities and not in prisons.\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003Cp\u003E\u003Cstrong\u003ESecurity of Person\u0026nbsp;\u003C\/strong\u003E\u003C\/p\u003E\u003Cp\u003EThe personal security of refugees is an essential element of international protection. Unless the fundamental rights of refugees as human beings (to life, liberty and security of person, to freedom from torture, from cruel, inhuman or degrading treatment or punishment, from slavery, etc.) are safeguarded, other rights and benefits guaranteed by international instruments and legal principles, as well as by municipal law, are of little use. UNHCR\u2019s Executive Committee has adopted some 40 conclusions on various aspects of personal security or related issues. In addition to expressing serious concern regarding violence against or threats to the safety of refugees and asylum-seekers, these conclusions have addressed the issue of personal security in connection with specific situations, such as military attacks on refugees in distress at sea, or particular categories of refugees, notably women and children.\u0026nbsp;\u003C\/p\u003E\u003Cp\u003ESecurity of person concerns freedom from injury to the body and mind, or bodily and mental integrity. Threats to the physical security of refugees emanate from a variety of sources, including organized crime, errant military and police forces, anti-government militants, local populations and the refugee community itself. The vulnerability of refugees is magnified where they have limited material and financial resources and their family and community structures have been strained or destroyed. The presence of armed elements in refugee flows and settlements poses a fundamental threat to the civilian and humanitarian character of asylum, creating serious security concerns for refugees, host communities, local authorities and humanitarian workers alike.\u0026nbsp; States must respond appropriately to patterns of violence against categories of victims, such as violence against women, violence against children, violence against people on the basis of their sexual orientation or gender identity, and violence against persons with disabilities.\u0026nbsp;\u003C\/p\u003E\u003C\/p\u003E","dialogOptions":{"dialogClass":"general-guidance-popup","width":"50%","modal":true,"title":"General guidance related to this right category","classes":{"ui-dialog":"general-guidance-popup"}}}]