34 162. As for the gender perspective, the CEDAW Committee has written that “to understand the specific ways in which women are impacted, female migration should be studied from the perspective of gender inequality, traditional female roles, a gendered labour market, the universal prevalence of genderbased violence and the worldwide feminization of poverty and labour migration. The integration of a gender perspective is, therefore, essential to the analysis of the position of female migrants and the 148 development of policies to counter the discrimination, exploitation and abuse” they suffer. 163. observed that On the subject of undocumented women migrant workers, the CEDAW Committee has [r]egardless of the lack of immigration status of undocumented women migrant workers, States parties have an obligation to protect their basic human rights. [..] If they are arrested or detained, the States parties must ensure that undocumented women migrant workers receive humane treatment and have access to due process of the law, including through free legal aid. In that regard, States parties should repeal or amend laws and practices that prevent undocumented women migrant workers from using the courts and other systems of redress. If deportation cannot be avoided, States parties need to treat each case individually, with due consideration to the gender-related circumstances and risks of human rights violations in the country of origin (articles 2 149 (c), (e) and (f)). B. Right to personal liberty (Article 7 of the American Convention), in relation to the obligation to respect rights without discrimination (Article 1(1) of the American Convention) 164. Article 7 of the American Convention reads as follows: 1. Every person has the right to personal liberty and security. 2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto. 3. No one shall be subject to arbitrary arrest or imprisonment. 4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him. 5. Any person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his appearance for trial. 6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The interested party or another person in his behalf is entitled to seek these remedies. 165. Both the Commission and the Inter-American Court have underscored the fact that no one may be deprived of his liberty except for the reasons or in the cases or circumstances prescribed by law, and any deprivation of liberty must be done in strict accordance with the procedures defined 148 CEDAW, General Recommendation No. 26, paragraph 5. 149 CEDAW, General Recommendation No. 26, paragraph 26, l)

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