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‘‘The NPMs focus on
vulnerability in detention
should become an integral
part of their work’’
4.CONCLUSION
Since their establishment, a number of national preventive mechanisms in
Europe have embarked into monitoring the rights of detainees in a situation
of vulnerability. Their approaches vary – while some have focused on specific
groups and undertaken substantial monitoring work and produced special
reports, others have included this theme in their general monitoring work
and reports. Still others have not yet dealt with the issue in any way. The
NPM focus on vulnerability in detention should become an integral part of
their work, as it constitutes an essential aspect of their mandate to prevent
torture, inhuman and degrading treatment.
The standards for treatment of vulnerable groups in detention at the
international level are incoherent. The UN and CoE bodies have produced
elaborate standards for some, but have paid little or no attention to other
vulnerable groups. The EU has not developed its own comprehensive
standards on deprivation of liberty or on the situation of vulnerable groups.
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.
Some NPMs have tried to determine vulnerability in detention in accordance
with the specific circumstances of their national context. This is a healthy
approach that should be encouraged.
Although monitoring the rights of groups and individuals in a situation of
vulnerability has a long history in Europe, NPMs need to further develop
approaches and skills in this regard and expand their reach to groups that
have not received sufficient attention so far. NPMs are in a good position to
benefit from the strengths of both official and non-governmental monitoring
approaches, as well as from a combination of qualitative and quantitative
methods in their monitoring work.
Prisoners in a Situation of Vulnerability
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