-22 • Article 6 of the Charter and Article 5 of the ECHR, which guarantee the right to liberty and security of person; • Article 7 of the Charter and Article 8 of the ECHR, which guarantee respect for private and family life; • Article 20 of the Charter, which guarantees equality before the law; • Article 21 of the Charter, which contains a general prohibition of discrimination on a number of grounds, among them sex, race, colour, ethnic origin, membership of a national minority, disability, age or sexual orientation; • Article 23 of the Charter, which provides for the equality between men and women in all areas; • Article 47 of the Charter and Article 13 of the ECHR, which provide for the right to an effective remedy in cases of violation of the rights and freedoms; • Article 48 of the Charter and Article 6 of the ECHR, which provide for the presumption of innocence and the rights of the defence. The primary law of the European Union (EU), including the Charter, apply to the institutions and bodies of the European Union and to the member states when they are implementing the Union law with due regard to the principles of subsidiarity. ECHR law is of general application. The EU has not developed its own comprehensive standards on the deprivation of liberty and on persons in a situation of vulnerability. This is a weakness of EU law, which, along with some serious discrepancies between the existing international standards and the situation in a number of member states, prevents mutual trust and judicial cooperation in general. The European Parliament has called for developing of minimum standards for prison and detention conditions and a common set of prisoners’ rights in the EU.20 In 2017, it adopted another resolution on prison systems and conditions, in which it reiterated its call.21 In this document, the European Parliament identifies as vulnerable detainees a number of groups, including the mentally ill, the elderly, the disabled, 20. European Parliament, Resolution of 25 November 2009 on the Communication from the Commission – An area of freedom, security and justice serving the citizen – Stockholm Programme, P7_TA(2009)0090. 21. European Parliament, Prison systems and conditions, Resolution of 5 October 2017 on prison systems and conditions (2015/2016(INI)), P8TA(2017)0385.

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