355. Lastly, the International Law Commission, in its draft articles on the protection of the human rights of persons expelled or in the process of being expelled, has stated that such persons must receive the following procedural guarantees: (a) basic detention conditions during the proceedings; (b) the right to receive notice of the expulsion decision; (c) the right to challenge the expulsion decision; (d) the right to be heard by a competent authority; (e) the right to be represented before the competent authority; (f) the right to have the free assistance of an interpreter, and (g) the right to consular assistance. 395 356. Based on these standards and the obligations associated with the right to judicial guarantees, the Court has considered that proceedings that may result in the expulsion of an alien must be individualized, in order to evaluate the personal circumstances of each individual and to comply with the prohibition of collective expulsions. Also, these proceedings must not discriminate for reasons of nationality, color, race, sex, language, religion, political opinion, social origin, or other condition, and the persons subject to them must have the following basic guarantees: 396 (a) to be informed expressly and formally of the charges against them and the reasons for the expulsion or deportation. This notice must include information on their rights, such as: (i) the possibility of explaining their reasons and contesting the charges against them, and (ii) the possibility of requesting and receiving consular assistance, 397 legal advice and, if appropriate, translation or interpretation services; (b) if an unfavorable decision is taken, the right to request a review of their case before the competent authority and to appear before this authority in that regard, and (c) to receive formal legal notice of the eventual expulsion decision, which must be duly reasoned pursuant to the law. 357. The Court finds it necessary to reiterate that, in expulsion proceedings involving children, the State must also observe the guarantees indicated above, and others whose purpose is to protect the best interests of the child, in the understanding that these interests are directly related to the child’s right to the protection of the family and, in particular, to the enjoyment of family life, maintaining family unity insofar as possible. 398 Hence, any ruling of an administrative or judicial organ that must decide on family separation owing to the migratory status of one or both parents must take into notwithstanding that the violation has been committed by persons acting in an official capacity”), and the possible violation of other rights protected by the Convention owing to expulsion, such as the right to life (Article 2), to personal integrity (Article 3) and to respect for private and family life (Article 8), require States to “make available to the individual [subject to an expulsion decision] the “effective” possibility of challenging the deportation or refusal-of-residence order and of having the relevant issues examined with sufficient procedural safeguards and thoroughness by an appropriate domestic forum offering adequate guarantees of independence and impartiality” (See, ECHR, Case of Al-Nashif v. Bulgaria, Application No. 50963/99, Final judgment of 20 September 2002, para. 133). 395 International Law Commission. Expulsion of aliens. Text of draft articles 1-32 provisionally adopted on first Reading by the Drafting Committee at the sixty-fourth session, A/CN.4/L.797, 24 May 2012, articles 19 and 26; cf. Case of Nadege Dorzema et al. v. Dominican Republic, para. 163, and Case of the Pacheco Tineo Family v. Bolivia, footnote 157. 396 Cf. Case of Nadege Dorzema et al. v. Dominican Republic, para. 175, and Case of the Pacheco Tineo Family v. Bolivia, para. 133. See also, expert opinion of Pablo Ceriani Cernadas, in which he referred to the different guarantees of due process that must be ensured in the context of expulsion proceedings. Specifically, he indicated that “[t]he nature of an expulsion is evidently punitive and thus the need to ensure all the procedural guarantees in order to respect and guarantee the rights that may be at risk in each case. In addition, based on the principle of legality, which makes it obligatory to regulate the proceedings to be followed in such cases by law, a key element is the adoption of the mechanisms to be applied in each individual case in order to examine in detail the offense attributed to the person, the evidence and other elements of the case and, evidently, to ensure the person’s right of defense.” Expert opinion of Pablo Ceriani Cernadas provided during the public hearing. 397 Cf. Vienna Convention on Consular Relations, Article 36.1.b, and The Right to Information on Consular Assistance within the Framework of the Guarantees of Due Process of Law. OC-16/99, para. 103. 398 Cf. Rights and Guarantees of Children in the Context of Migration and/or in Need of International Protection. OC-21/14, para. 275. 115