Migration-Related Detention and International Law
Regional Norms and Standards
States can be bound to regional treaties, decisions, or norms adopted by regional institutions. These include the European Convention on Human Rights, the American Convention on Human Rights, and the African Charter on Human and Peoples’ Rights. Bodies charged with implementing these treaties include the European Court of Human Rights, the Inter-American Commission on Human Rights, the Inter-American Court of Human Rights, the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights, and the Arab Charter on Human Rights. In addition, action taken in the context of regional entities that are not aimed directly or uniquely at human rights protection can have an impact on the situation of non-citizens in administrative detention. The clearest example is that of the European Union (EU), which has adopted or proposed directives with the objective of establishing common rules for all EU states, including standards for the reception of asylum seekers and the treatment of “illegally staying third country nationals.”
