in a situation of vulnerability and the
some groups in particular. The “soft
degrees of vulnerability, mirror those
law” standards however differ in scope
within general society. But in some
and detail with respect to the different
countries, vulnerability may stem also
groups. They are more detailed and
from the specificities of the organisation
wider in scope on women and children,
of
imprisonment
and are quite deficient regarding some
in
general,
and
as
of
a
punishment
the
regime
of
prisoners. Some NPMs have developed
imprisonment in particular.
Anti-discrimination
and
anti-torture
provisions of the Charter of Fundamental
Rights of the European Union (hereafter, the
Charter) and of the European Convention of
Human Rights (ECHR), as well as those
of the United Nations (UN) treaties, are
applicable also in prisons. Several of the
roadmap directives of the EU may be
beneficial to different groups of prisoners
in a situation of vulnerability, especially
foreigners,
prisoners
minorities
and
from
indigenous
ethnic
prisoners.
A number of “soft law” documents at
the UN and the Council of Europe (CoE)
level provide standards for the treatment
of
specific
groups
in
a
particularly
vulnerable position in prisons and other
places of detention.
in
the
United Nations Standard
Minimum Rules for the Treatment of
Prisoners (SMR) and in the European
Prison Rules (EPR). There are also a
number
of
documents
their own lists of vulnerable groups of
prisoners.
A number of European NPMs have
focused on specific groups in a situation
of vulnerability in prisons and have
reported on them in their general reports
and in special reports. The groups
covered in the NPM reports however
are limited in number. They include
children and young adults, prisoners
with disabilities, women and, to a lesser
extent, foreign prisoners. There are
few reports, which go in detail and deal
with the whole variety of vulnerable
groups based on international standards.
Sometimes some groups in a situation
of vulnerability are only mentioned and
other such groups are not subject to
Specific provisions on some such groups
exist
other vulnerable groups, e.g. the LGBTIQ
dedicated
to
monitoring and recommendations at all.
Some
may
explanations
stem
different
from
European
of
the
these
fact
gaps
that
countries,
in
there
are differences in the recognition and