36. The Committee recommends that the State party, in accordance with its general comment No. 5 (2021) on migrants’ rights to liberty, freedom from arbitrary detention and their connection with other human rights:
(c) Ensure that:
In line with its human rights obligations, alternative measures to detention are considered and made use of before imposing detention measures. The Committee understands as alternatives to detention all community-based care measures or non-custodial accommodation solutions – in law, policy or practice – that are less restrictive than detention and which must be considered in the context of lawful detention decision procedures to ensure that detention is necessary and proportionate in all cases, with the aim of respecting the human rights and avoiding arbitrary detention of migrants, asylum seekers, refugees and stateless persons;
46. In line with joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration, and in accordance with target 16.9 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Ensure that all children of Azerbaijani migrant workers abroad and children born on the territory of the State party, in particular children born to migrants in an irregular situation and asylum-seekers, are registered at birth and issued personal identity documents and that it raise awareness on the importance of birth registration among them;
(b) Establish an effective statelessness determination procedure with specific procedural considerations and safeguards given the critical role of nationality for all people, including migrant workers and members of their families, and provide information, including statistics, in its next periodic report on the extent of the phenomenon.
Identification and determination procedures
Born on territory