Immigration Detention under the Global Compacts in the Light of Refugee and Human Rights Law Standards

  • Authored by:

    Izabella Majcher

  • Type of publication:

    Staff Publications

  • Download document:

In an article for International Migration, GDP Researcher Izabella Majcher explores how immigration detention is addressed in the Global Compact on Refugees (GCR) and Global Compact for Safe, Orderly and Regular Migration (GCM), and investigates the potential implications of the compacts on existing legal framework regulating the use of immigration detention. While Objective 13 of the GCM largely reflects detention‐related standards under international human rights law, the GCR makes only scarce references to detention in §60. Overall, the compacts risk inhibiting gradual endorsement of the norm of non‐detention of children. On the other hand, they rightly restate the priority for alternatives to detention for adults. States should implement the provisions of the compacts in line with their obligations under international human rights and refugee law. The compacts cannot be used as a pretext to lower domestic detention‐related standards or to diminish the validity of the existing framework governing immigration detention.

Read the full article.