Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers the UN Convention on the Rights of the Child and the Council of Europe’s Guidelines on child-friendly justice. According to FRA’s research findings, very few EU Member States have special provisions securing the rights of persons in situations of vulnerability in their laws implementing the Framework Decisions. However, several states have put in place particular alternatives to detention to accommodate vulnerability. For children, such measures include various forms of ‘light monitoring’, such as by guardians, or educational efforts. For parents with young children, the right to family life may be undermined by detentions of parents. Having children stay with detained parents is largely not a viable option, underscoring the usefulness of alternatives to detention. The needs of persons with disabilities similarly call into question the appropriateness of detention. International human rights standards stress that alternatives should be sought, while also calling for detention facilities that appropriately accommodate persons with disabilities. Providing information to individuals in situations of vulnerability might require using special techniques, such as braille for people with visual impairments or sign language for people with speech and hearing impairments. Providing information to persons with intellectual disabilities might require involving officers with special training or facilitators. 82 The Framework Decision on probation and alternative sanctions even includes provisions that permit refusing a transfer if there is insufficient capacity to accommodate the needs of a transferee. Member States offer a range of alternatives that are more appropriate than detention. The examples of issues encountered by persons in situations of vulnerability given in this report point to the need for careful consideration of appropriate measures, pre- and post-trial – in particular alternatives to detention. FRA Opinion 7 To ensure effective implementation of the three Framework Decisions, the  EU and the Member States must ensure compliance with international and European human rights law obligations, as well as the  EU Charter of Fundamental Rights, regarding people in situations of vulnerability. In this context, and by way of example, rules set out in the Directive on procedural rights safeguards for children who are suspects or accused persons in criminal proceedings and the European Commission’s Recommendation on the procedural safeguards for vulnerable suspected and accused persons who are not able to understand and to effectively participate in criminal proceedings due to age, their mental or physical condition or disabilities, could also serve as guidance in the context of transfer proceedings.

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