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3.1. The approaches of the national preventive mechanisms
A number of European NPMs have addressed in their reports the problems
of the prisoners in a situation of vulnerability in different detention
settings, including prisons. The review of the NPM reports shows that their
focus on vulnerability goes hand in hand with their experience and general
capacity to monitor places for deprivation of liberty. Those that operate
in member states that have stronger traditions of detention monitoring
through independent visitors and have acquired more experience in
monitoring, tend to pay more attention to the situation of vulnerable
groups. The review also indicates that very few of the NPMs (Luxemburg
being a positive exception) have focused on all vulnerable groups found
in the places of detention, which they visit. Those of the NPMs that have
dealt with the issue most often focused on those groups that are frequently
identified as vulnerable in international standards - women, juvenile
prisoners, prisoners with disabilities, and foreign prisoners.
The review also shows that in some cases the NPMs successfully identify
vulnerability with a view of the specific contexts of the places of detention
in their own countries. They manage to formulate concepts that sometimes
combine several specific vulnerabilities.
In 2016, the Czech Public Defender of Rights in her general
report for 2016 determined “permanently unemployed prisoners”
as defined by the Czech law as vulnerable. These includes those who
have reached the age of 65 unless they apply for a job, those who
are recognized as disabled unless they apply for a job and are able to
work, or those for whom permanent employment is impossible due
to their state of health. This category therefore may include prisoners with reduced mobility, but also persons with mental illness or
healthy old prisoners. Their specific vulnerability in the prison is due
to the fact that “they are at the centre of a number of shortcomings
I found, specifically in the area of material conditions of imprisonment and conditions for personal hygiene, the activities of the “carers” on the part of other convicts, the availability of rehabilitation
care and provision of the necessary medical aids”. (Public Defender
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