European legal and policy framework on immigration detention of children
which has hampered access to psychological help.373
In Austria, public health officers (Amtsärzte) providing
healthcare in detention facilities;374 if detainees choose
to also consult a doctor of their own choice, they must
cover the costs and the consultation must take place in
the detention room.375
If police officers are present during the consultation,
they directly compromise medical confidentiality, as
reported in Medveďov, Slovakia, in 2010.376 If police
escort and handcuff accompanying parents, as reported
in Slovakia377 and Estonia,378 children trust the consultation less. At the centre for administrative detention
in Metz, France, detainees wishing to see a doctor or
nurse during their stay must ask the police to help
them submit a request, in French, to a box in the dining
room.379
Language barriers and lack of interpretation are another
common obstacle, slowing down examination and
treatment.
• In Bulgaria380 and Poland, the lack of local knowledge
of the individual’s language restricts access to psychological care.381
373 Białas, Jacek; Cegiełka, Dawid; Chmura, Adam; Górczyńska,
Marta; Ostaszewska-Żuk, Ewa; Rusiłowicz, Karolina; Słubik,
Katarzyna; Trylińska, Anna; Witko, Daniel (2014), Still behind
bars-Report on the Monitoring of Guarded Centres for
Foreigners by the Helsinki Foundation for Human Rights and
the Association for Legal Intervention, Warsaw, Association
for Legal Intervention, Helsinki Foundation for Human
Rights, pp. 31–34.
374 Austria, Decree of the Ministry of the Interior on checks
on persons by authorities and institutions of public safety
(Verordnung der Bundesministerin für Inneres über die
Anhaltung von Menschen durch die Sicherheitsbehörden
und Organe des öffentlichen Sicherheitsdienstes
(Anhalteordnung - AnhO)), BGBl. II Nr. 128/1999, 19 May
2017, Section 10.
375 Ibid, Section 10 (5).
376 CPT, Report to the Government of the Slovak Republic
on the visit to Slovakia carried out from 24 March to
2 April 2009, Council of Europe, 11 February 2010, para. 41.
377 Human Rights League, Forum for Human Rights (2016),
The Immigration Detention of Families with Minor Children
and the Situation of Unaccompanied Minors in Slovakia.
Alternative Report to the United Nations Committee on the
Rights Of The Child for Consideration of the Combined Third
to Fifth Periodic Reports of Slovakia under the Convention
on the Rights, p. 6.
378 Estonia, Chanchellor of Justice (Õiguskantsler), OPCAT
control visit to Harku detention centre (OPCAT kontrollkäik
Harku kinnipidamiskeskusesse), 12 March 2013.
379 France, CIMADE (2014), Centres and establishments of
administrative detention (Centres et locaux de rétention
administrative). See also CIMADE (2015), Rapport 2015 sur
les centres et locaux de retention administraive.
380 Kanev, Kr., et al. (2014), ‘Country report: Bulgaria’ in: Baeva,
S. (ed.), Children Deprived of Liberty in Central and Eastern
Europe: Between Legacy and Reform, Sofia, Bulgarian
Helsinki Committee, p. 277.
381 The Halina Nieć Legal Aid Center (2013), Vulnerable
Foreigners in Poland: Identification, Detention and Judicial
Practice, Krakow, The Halina Nieć Legal Aid Center, pp. 21.
84
• In Slovakia, medical staff have very limited
opportunity to request the presence of an interpreter. Some nurses and doctors do not speak English, which makes establishing a diagnosis difficult.
They have had to use gestures to explain intended
medical interventions/procedures to patients. In particular, children have not been able to understand
the state of their health and treatment.382
Promising practice
Full-time psychologists at facility
When children with families need to be detained
for short periods of time in Portugal, they are
placed in the Saint Anthony Housing Unit (Unidade
Habitacional de Santo António) in Oporto. A fulltime clinical psychologist works there, who
is responsible for accompanying all persons
and helping them deal with problems that are
common at the facility, such as anxiety, stress,
depression or sleep disorders, as well as problems
in any other area of life. Whenever necessary,
transport to the hospital or to psychiatric services
is provided. These services and procedures have
been described and assessed as adequate in the
study conducted by the Jesuit Refugee Service
– Portugal, except that some detained persons
interviewed said they needed additional medical
services, such as HIV testing, appointments with
medical specialists or support from dentists and
ophthalmologists.
Sources: Gonçalves, N., Jorge, A., Cabral, H., Bronzin, M.,
Varela, A., Alves, S., Silva, G., Fernandes, P., Almeida, I., Gil, A.,
Duarte, F. (2010), Muros que nos separam: Detenção de
requerentes de asilo e migrantes irregulares na UE, Prior
Velho and Águeda, Paulinas, pp. 30, 48, 70
382 Human Rights League, Forum for Human Rights (2016),
The Immigration Detention of Families with Minor Children
and the Situation of Unaccompanied Minors in Slovakia:
Alternative Report to the United Nations Committee on the
Rights Of The Child for Consideration of the Combined Third
to Fifth Periodic Reports of Slovakia under the Convention
on the Rights, p. 5.
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