5 Detention and people in situations of vulnerability ▪ This chapter explores developments in the field of detention and alternatives to detention with respect to people in situations of vulnerability. ▪ It focuses on select groups of individuals – specifically, children, parents of young children, persons with disabilities and transgender persons. ▪ The discussion on these groups provides examples of how the specific needs of persons in situations of vulnerability can be protected. The Framework Decision on the ESO and the Framework Decision on probation and alternative sanctions seek to encourage alternatives to detention. Detention can generally have negative effects on detainees, but on persons in situations of vulnerability the impact can be greater. As noted in Table 8 in Chapter 2, the recitals of the three Framework Decisions all stress that refusal to transfer is possible if there are objective reasons/ indications that a person was punished or may be disadvantaged based on discriminatory reasons, such as race, sex or religion. Therefore, individuals in situations of vulnerability should be given particular attention. This chapter provides an overview of select groups of individuals who may be in situations of vulnerability. Public international law obliges states to protect vulnerable individuals. The Preamble to the UN Convention on the Rights of the Child (CRC), to which all EU Member States are party, refers to the “need to extend particular care to the child” and notes that the need to afford special protection to children has been recognised in various international instruments.175 Article 24 of the EU Charter of Fundamental Rights also offers strong protection for the best interests of the child. 175 UN, Convention on the Rights of the Child, 20 November 1989. Moreover, the UN Convention on the Rights of Persons with Disabilities (to which the EU itself is also a party) aims to protect all persons with disabilities’ full enjoyment of all human rights and fundamental freedoms. Article 13 stipulates that persons with disabilities should have effective access to justice on an equal basis with others. States should ensure appropriate accommodations to facilitate their effective role as direct and indirect participants.176 In addition, Article 26 of the EU Charter of Fundamental Rights, recognises the right of persons with disabilities to benefit from measures designed to ensure their social and occupational integration and participation in the life of the community. Additionally, in paragraph 44, the European Code of Police Ethics provides that police personnel shall act with integrity and respect towards the public and with particular consideration for people in situations of vulnerability.177 Finally, the ECtHR has repeatedly stated that “children and other vulnerable individuals, in particular, are entitled to effective protection from the State”.178 This chapter explores legislative and policy developments in the area of detention and alternatives to detention (pre- and post-trial) with respect to particular suspects/accused or sentenced persons. Many EU Member States have measures particularly aimed at people in situations of vulnerability. In focus here are children, mothers with young children, and persons 176 UN, Convention on the Rights of Persons with Disabilities, 13 December 2006. 177 Council of Europe, Committee of Ministers (2001), Recommendation Rec (2001)10 of the Committee of Ministers to member states on the European Code of Police Ethics, 19 September 2001. 178 ECtHR, X and Y v. the Netherlands, No. 8978/80, 26 March 1985, Series A No. 91, pp. 11–13, paras. 23–24 and 27; August v. the United Kingdom, No. 36505/02, 21 January 2003; Bouyid v. Belgium, No. 23380/09, 28 September 2015. 71