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In its 2009 handbook on prisoners with special needs, the UN Office on
Drugs and Crime (UNODC) identifies eight groups of prisoners with special
needs due to their vulnerability: prisoners with mental health care needs;
prisoners with disabilities; ethnic and racial minorities and indigenous
peoples; foreign national prisoners; LGBTIQ prisoners; older prisoners;
prisoners with terminal illness and prisoners under sentence of death. It
may seem curious that women and children are not listed. This is due to the
fact that, as mentioned in the publication, the UNODC had produced special
handbooks on these categories of prisoners. The publication refers also to
other prisoners with special needs and refers to the UNODC publications on
prisoners with drug dependence and prisoners with HIV/AIDS.19
The international standards do not present a coherent approach to
vulnerability in detention. This is quite clear already from the fact that
some groups can benefit from rather elaborate standards, whereas there
are almost none that deal with the situation of other groups. The available
standards for the different groups differ in scope and in depth. Even though
standards for treatment of some vulnerable groups in detention (e.g. women,
juveniles) have been in existence at the international level for decades, the
focus of preventive monitoring on groups of prisoners in a situation of
vulnerability is a relatively new approach. NPMs have a lot to contribute in
its development and consolidation.
There are different provisions in international treaties to which EU member
states or the EU itself are parties that protect persons in a situation of
vulnerability. This includes, in the first place, the absolute prohibition
of torture and ill-treatment, but also a number of other human rights
obligations. A number of provisions of the Charter of Fundamental Rights of
the European Union (Charter) and of the European Convention of Human Rights
(ECHR) guarantee rights that are relevant to the situation of vulnerable
groups. These include:
• Article 4 of the Charter and Article 3 of the ECHR, which prohibit torture,
inhuman or degrading treatment or punishment;
19. UNDOC, Handbook on prisoners with special needs, UN Office on Drugs and Crime, Vienna, 2009.
Prisoners in a Situation of Vulnerability
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