Liberty & security of person

Venezuelan legislation offers a robust constitutional and legal framework regarding personal liberty and security, which extends to refugees. 

The prohibition of unlawful deprivation of liberty, dignified detention conditions, the right to judicial remedies in case of detention, and the explicit prohibition of discrimination against refugees are guarantees established without major obstacles. 

The prohibition of detention of children under fourteen is also guaranteed. In addition, the legislation clearly criminalizes human trafficking and indirectly restricts the recruitment of children in hostilities.

However, there is a clear limitation in the migration field: the Aliens and Migration Law does not contemplate alternatives to detention for immigration-related reasons, focusing only on detention for unlawful promotion of foreign nationals. This regulatory gap prevents less restrictive options to personal liberty from being explored.

As for victim protection, although there is a general law on the matter, it does not establish specialized measures for trafficking victims, which introduces certain difficulties. Likewise, the Organic Law on Women’s Right to a Life Free of Violence is a strong mechanism, but its protection is limited to women, leaving a gap with respect to gender-based violence affecting other identities or male refugees, which requires additional efforts to achieve comprehensive protection.

Finally, refugees’ access to justice as victims of crimes must be pursued through ordinary procedural laws. The absence of special procedures or mechanisms for this group entails certain difficulties when exercising their rights. In short, while general protection of liberty and security is strong, the absence of alternatives to immigration detention and of specialized mechanisms for the protection of all victims of trafficking and gender-based violence are clear limitations that generate certain operational difficulties.