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of Rights of the Czech Republic, Report on Systematic Visits Carried
Out by the Public Defender of Rights – 2016, Brno, 2016, p. 32, available at: https://www.ochrance.cz/fileadmin/user_upload/ochrana_
osob/ZARIZENI/Veznice/2016_prisons.pdf, accessed 7 October 2020.
In March 2019, researchers from the Ludwig Boltzmann Institute, a leading
project partner, conducted an online survey among members of European
NPMs which includes questions related to vulnerable groups in prisons.
From the responses, it became clear that the NMPs assessed the situation
of the prisoners with disabilities as the most problematic, followed by that
of foreigners. In addition to these vulnerable groups, juveniles and young
adults, women, ethnic minorities, persons with addictions and LGBTIQ
persons were also mentioned. According to the answers in the online
survey, NPM’s observations and recommendations regarding vulnerable
prisoners included one or more special reports on a vulnerable group (12
NPMs), training and capacity development (5 NPMs), and public outreach
(4 NPMs). One NPM conducted a survey.
The review of the NPM reports published on their websites reveals that a
number of them have produced special reports or chapters in their annual
reports dedicated to different categories of prisoners in a situation of
vulnerability. But a significant number of NPMs have not paid attention to
such groups. Some explanations of these gaps may stem from the fact that
in different European countries there are differences in the recognition
and in the approach to vulnerability in places of detention. Many legal
systems lack definitions of vulnerability. Member states themselves do
not collect or publish data on all vulnerable groups and their share of the
total number of prisoners.
Trying to define vulnerability on the basis of the circumstances arising
within the specific national context is a healthy approach that should be
encouraged. The international standards on vulnerable groups in prison are
a valuable source of general standards. But they may also be a poor guide
to the NMPs for a number of reasons: they are in a rudimentary stage of
development; they are more elaborate on some (women and juveniles) and
almost non-existent on other (LGBTIQ) prisoners; they also do not take
Prisoners in a Situation of Vulnerability
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