Objective 13: Use Immigration Detention Only as a Measure of Last Resort and Work Towards Alternatives

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ID: 324156
2026
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Abstract
Abstract This chapter centres on Objective 13 of the GCM, which addresses immigration detention and alternatives. While acknowledging the Objective’s progressive, rights-affirming language that powerfully signals the undesirability of detention, the analysis identifies three significant limitations. First, Objective 13 fails to limit the permissible grounds for detention. Second, the ambiguous language on child detention fails to reflect existing human rights standards and may hinder more protective interpretations of international law. Third, alternatives to detention are presented as aspirational goals rather than legal obligations stemming from the necessity test. The chapter examines each of these shortcomings and how they reflect the Compact’s difficult endeavour to facilitate compromise among states with such disparaging interests. In the end, Objective 13’s ambiguities and concessions reveal the enduring tension between human rights and state sovereignty, potentially limiting its transformative impact.
Reference Key
openalex_W7201871705 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Yulia Ioffe, Cathryn Costello
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780198863380.003.0014
URL
Keywords Keywords not found

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