Results are excerpts from the referenced publication, and may not be current at the time of the search. Please also note the database is currently in its testing phase. We would welcome any feedback at [email protected]
Prohibition of detention of vulberable individuals
- Czech Republic
- "Pursuant to the Asylum Act (section 46a(1) and section 73(7); see also section 46a (3) in combination with
Section 2 (1) (i)), individuals seeking asylum in the Czech Republic cannot be held in immigration detention if they belong to one of the following vulnerable groups:
– unaccompanied minors
– parents or family with handicapped minors or persons of full age
– seriously handicapped persons
– pregnant women or
– victims of torture, rape or subjection to any other forms of serious mental, physical or sexual violence
However, the Czech Republic does allow detention of unaccompanied minors pending removal."
Trained case managers for vulnerable migrants in Germany
- In Germany, the Federal Office for Migration and Refugees has specially trained case managers for children, victims of gender-based persecution as well as victims of torture, traumatised asylum seekers and victims of human trafficking. In their branch offices, however, the same officer is often responsible for all these vulnerable people. UNICEF supports the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth to improve the protection and identification of vulnerable children and women at reception centres.
Law to prevent detention vulnerable populations from being detained in Turkey
- The Law on Foreigners and International Protection, ratified by the Turkish Parliament on 4 April 2014, does not under any circumstances, allow detention of: • UAM IP applicants (they are to be placed “by the Ministry of Family and Social Policies in suitable accommodation facilities, in the care of their adult relatives, or in the care of a foster family, upon taking into account the opinion of the unaccompanied minor” if they are over 16 they can be placed in reception centres); • identified victims of trafficking (the problem is that they are often not identified); international protection status holders; international protection applicants not covered by Art 65 (four criteria specifying when IP applicants can exceptionally be detained); • stateless individuals after their stateless status is determined and documented; • a number of vulnerable groups are exempt from deportation orders, which means they are also protected from detention: Includes: people who are at risk of torture/ill-treatment if expelled; risk in travel due to health, age, pregnancy; cannot receive treatment in country; identified victims of trafficking; & victims of serious psychological, physical or sexual violence, until their treatment is completed. For such persons, humanitarian residence permit is issued and they may be asked to reside at a certain address and carry out reporting at requested forms and periods.
Hong Kong law requiring alternatives to be considered before detention is applied
- Hong Kong SAR
- Under section 37ZK of the Immigration Ordinance, Chapter 15 of the Laws of Hong Kong, a torture claimant may be detained by the Director - however reasonable alternatives will be considered before detention is authorised.
Hong Kong screen and assessment policy guidelines to determine detention or release - under CAT
- Hong Kong SAR
- Policy for detention - Lists factors which the Director will generally take into account in determining whether a person should be detained or released, and are not meant to be exhaustive (in that each case will be considered on its individual merits and there may be other facts and circumstances relevant to any particular individual case) or in any order of priority / weight - see Policy for Detention Pending Final Determination of Claimant's Torture Claim -
Policy prevents detention of people with vulnerabilities in Hong Kong
- Hong Kong SAR
- Policy prevents for detention of Children under 18; eldery persons requiring close supervision/medical care; pregnant women for who there are no clear prospects for their torture claim to be finally determined in the near future; persons with children who are substantially dependent on them for care and supervision; persons with serious physical/mental health conditions; persons with serious diabilities requiring constant nursing care; persons previously subject to serious harm, physical or mental healtha and those pending final determination of the claimant’s torture claim - http://www.immd.gov.hk/pdf/Detention_policy_en.pdf
Policy mandating the consideration of alternatives to detention in Canada
- Citizenship and Immigration Canada, Enforcement Manual 20 (ENF 20)- Officers must be aware that alternatives to detention exist. As an alternative to detention, an officer may impose conditions, require a deposit of money or direct that a person participate in a third party risk management program ( para 5.11). Officers must also consider alternatives to detention and ensure detention is avoided or considered as a last resort for: the elderly, pregnant, sick, handicapped, mentally ill, and with behavioural problems, where safety or security is not an issue - (5.13). Also, in making a decision to detain or release, officers must consider the existence of alternatives to detention (see 5.9), detention is feasible where alternatives to detention are not avaialble to mitigate any risk to public safety or flight risk (5.9).