status or lack of necessary immigration permits cannot be used as a general justification for the detention of such persons.191 Article 9 of the International Covenant on Civil and Political Rights (“ICCPR”), guaranteeing the right to liberty and security of person, prohibits unlawful as well as arbitrary detention. For detention to be lawful it must be regulated by domestic law, preferably with maximum limits set on such detention, and subject to periodic and judicial review. For detention not to be arbitrary, it must be necessary in each individual case, reasonable in all the circumstances, proportionate, and non-discriminatory. Indefinite as well as mandatory forms of detention are arbitrary per se.192 Detention is therefore a measure of last resort and can only be justified where other less invasive or coercive measures have been considered and found insufficient to safeguard the lawful governmental objective pursued by detention. Alternatives to detention – from reporting requirements or bail/bond systems to structured community supervision and/or case management programs – are part of any assessment of the necessity and proportionality of detention. General principles relating to detention apply a fortiori to children, who as a rule are not to be detained in any circumstances.193 Danish law contains no express reference to the detention of stateless persons or their freedom of movement. If a person who is stateless is detained, then this is done on grounds independent of his/her statelessness. 3.4.1.2 Expulsion Article 31(1) of the 1954 Convention prohibits contracting States from expelling a stateless person lawfully in the territory save on grounds of national security or public order. A stateless person is also entitled to submit evidence to clear him- or herself, to appeal a decision on expulsion and be represented by a person specially designated by the competent authority. In addition, a stateless person is entitled to a reasonable period to seek legal admission into another country. The State implementing the expulsion can apply internal measures as necessary.194 As mentioned above in Chapter 3.2, Denmark has made a reservation to Article 31 in the 1954 Convention, which states that “Article 31 shall not oblige Denmark to grant to stateless persons a status more favorable than that accorded to aliens in general”.195 Consequently, there are no specific provisions in Danish legislation prohibiting the expulsion of stateless persons. At the very least stateless refugees need to be protected against expulsion in accordance with Article 32 of the 1951 Convention relating to the Status of Refugees and human rights law. 3.4.2 Rights of persons recognized as stateless Stateless persons are entitled to the protection of the 1954 Convention.196 The 1954 Convention, along with applicable standards of international human rights law, grants stateless persons a core set of rights. Some provisions 191 UNHCR, Handbook, para 112 (citing the UN Working Group on Arbitrary Detention, Report to the Human Rights Council, A/HRC/13/30, 18 January 2010, http://www.refworld.org/docid/502e0fa62.html. In relation to stateless persons specifically, please see UNHCR Executive Committee Conclusion 106 (LV1) of 2006 on identification, prevention and reduction of statelessness and protection of stateless persons, http://www.unhcr.org/453497302.html which “Calls on States not to detain stateless persons on the sole basis of their being stateless and to treat them in accordance with international human rights law… ” See ibid generally, paras 112-115. 192 UNHCR Handbook on Protection of Stateless Persons, para. 112. 193 Ibid, para. 113. 194 Article 31(2 – 3) of the 1954 Convention. 195 Ibid, Article 31(1): ‘The Contracting States shall not expel a stateless person lawfully in their territory save on grounds of national security or public order.’ 196 This assumes none of the three exclusion provisions under Article 1(2) applies. UNHCR Representation for the Nordic and Baltic Countries 51