Detention of vulnerable applicants



Article 19(4) LD 142/2015 explicitly provides that unaccompanied children can never be held in CIE, whereas the law is silent with regard to other vulnerable categories.

Detention of children in families is not prohibited. Children can be detained together with their parents if they request it and if decided by a Juvenile Judge. In practice, very few children are detained.

Moreover, other vulnerable persons may be detained in CIE and there are no provisions concerning the legal guarantees that should be applied when victims of torture or violence are identified in detention in order to transfer them to adequate reception centres and benefit from specific medical, psychological and other treatment. In this regard, asylum applicants whose health problems are incompatible with detention cannot be held in CIE.

According to the law, in the framework of the social and health services guaranteed in CIE, an assessment of vulnerability situations requiring specific assistance should be periodically provided.1

In CIE, however, legal assistance and psychological support is not systematically provided. To date, no protocol on early identification of and assistance to vulnerable persons, and on the referral system to specialised services and/or reception centres has been adopted. Although standards of services in CIE centres are planned following the national regulation on management of the centres, they are insufficient and inadequate, especially for vulnerable categories of individuals. Moreover, the quality of services may differ from one CIE to another. In this respect, LD 142/2015 provides that, where possible, a specific place should be reserved to asylum seekers,2 and Article 4(e) of the Regulation of 20 October 2014 of the Minister of Interior provides the same for persons with special reception needs.

  • 1. Article 7(5) LD 142/2015.
  • 2. Article 6(1) LD 142/2015.

About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti