Author
The Asylum Act defines an ‘applicant in need of special procedural guarantees’ in terms of reduced ability to benefit from the rights and comply with the obligations stemming from the Asylum Act due to their individual circumstances.[1] Even though it does not include an exhaustive list of asylum applicants presumed to be in need of special procedural guarantees, it refers to age, gender, gender identity, sexual orientation, disability, serious illness, mental disorders, torture, rape or other serious forms of psychological, physical or sexual violence as possible factors underlying individual circumstances that could lead to the need of special procedural guarantees.[2]
Within these applicants, the Asylum Act identifies a sub-category of individuals whose special procedural needs result from torture, rape, or other serious forms of psychological, physical or sexual violence that may be exempted from border procedures and hence detention.[3] Furthermore, it clearly determines that placement of unaccompanied and separated children in detention facilities at the border must comply with applicable international recommendations such as those by UNHCR, UNICEF, and ICRC.[4]
According to PSP, vulnerabilities are identified on an ongoing basis, in coordination with AIMA and other relevant entities. However, there is no formal and systematic mechanism of identification of vulnerabilities at border points.[5] This was confirmed by the Ombudsperson.[6] Therefore, response to cases continued to happen mostly on an ad hoc basis, with no clear general guidance, leading to uncertainty.
In addition, according to CPR’s observation, since the beginning of its operations AIMA has not demonstrated any decision-making power regarding the conditions and maintenance of detention of asylum applicants at the border. The separation of administrative and law enforcement competencies has somewhat led to the belief that the responsibility for detained applicants rests solely with PSP, contrary to what is explicitly provided for in the Asylum Act.[7] This has raised concerns regarding the identification of vulnerable people, the application of special procedural guarantees and reception conditions, and in 2025 CPR observed instances where direct intervention by the asylum authority was necessary but did not occur.
In July 2025, PSP adopted internal procedures on the detention of vulnerable people, establishing that unaccompanied children should not be detained at the EECIT, that pregnant women in their third trimester should be released into national territory (or earlier with medical advice), and that families with children under 12 should be released where family ties are established and there are no security contraindications.[8]
According to the data provided by PSP in the course of 2025, 42 child asylum applicants were detained, out of which 12 were unaccompanied children and 30 were children accompanied by family members. PSP states the average period of detention of unaccompanied children was 3 days, and 7 days for accompanied children.
In 2025, CPR noted an improvement in PSP’s internal procedures, particularly regarding the non-detention of unaccompanied children and of accompanied children up to the age of 12. While this represents a positive development compared to 2024, when children accompanied by family members were systematically detained, cases of detained children continued to be identified in 2025, notably the detention of unaccompanied children for almost 60 days following their arrival by sea on the southern coast of Portugal in August 2025.
CPR is aware of several families with underaged children simultaneously detained at EECIT Lisbon for almost a month at the end of 2024; given that the facility’s conditions do not allow for more than one family to be detained whilst preserving privacy and family unity, families were divided into wards by gender. Similarly, the Ombudsperson identified cases of accompanied children detained between January and March 2024, aged between 5 and 17, with stays at the EECIT ranging from 6 to 27 nights and at the transit zone from 0 to 6 nights.[9]
According to PSP, accompanied children remain with their adult family members in detention and the length of detention is tied to the asylum procedure.
As for unaccompanied children, PSP reports prompt referral for accommodation in child-reception facilities, following referral to the Family and Juvenile Court. PSP notes that detention periods might be prolonged in case of a delay in response from the Court.
Information regarding other vulnerabilities is not collected, as per PSP.
During 2025, CPR observed that particularly vulnerable persons, such as pregnant women, elderly and sick people, victims of torture/violence and others, were held in detention, including in the transit zone, with no apparent adjustments implemented to respond to individual special needs. Despite CPR’s efforts, most cases remained in detention for considerable periods of time.
CPR is aware of some instances where the Court ordered the release of vulnerable people, but this was not carried out due to a lack of response from the relevant reception authorities.
The detention of children and the need to ensure their access to adequate support and legal representation, was also highlighted by the UN Human Rights Committee in its 2020 Concluding Observations on Portugal.[10]
[1] Article 17-A(1) Asylum Act.
[2] Ibid.
[3] Article 17-A(4) Asylum Act.
[4] Article 26(2) Asylum Act. For detailed information on the practices concerning detention of children in previous years, please refer to the corresponding AIDA reports.
[5] Information provided by PSP in July 2025.
[6] Ombudsperson, Mecanismo Nacional de Prevenção – Relatório à Assembleia da República 2024, July 2025, available here, 54.
[7] Article 61 Asylum Act.
[8] Information provided by PSP in July 2025.
[9] Ombudsperson, Mecanismo Nacional de Prevenção – Relatório à Assembleia da República 2024, July 2025, available here, 54-55.
[10] Human Rights Committee, Concluding Observations on the fifth periodic report of Portugal, CCPR/C/PRT/CO/5. 28 April 2020, par 37, available here.