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TitleReception and Detention Conditions of applicants for international protection in light of the Charter
LanguageEnglish
File Size920.3 KB
Total Pages90
Table of Contents
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1. Introduction
2. Aim and Methodology
3. The legal framework and the scope of the EU Charter of Fundamental Rights
	3.1. The application of the EU Charter of Fundamental Rights
	3.2. The interplay between the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union
4. Reception conditions of applicants for international protection
	4.1. Secondary legislation
		4.1.1. Reception Conditions Directive
		4.1.2. Recast Reception Conditions Directive
	4.2. Relevant Fundamental Rights and Principles
		4.2.1. The right to good administration
		4.2.2. The right to human dignity
		4.2.3. The right to the integrity of the person
		4.2.4. The prohibition of inhuman or degrading treatment or punishment
		4.2.5. The right to private life
		4.2.6. The right to property
	4.3. Reception practices in selected Member States
		4.3.1. Problems accessing reception conditions
			4.3.1.1. When reception conditions are linked to the issuance of a residence card
			4.3.1.2. The provision of information to applicants for international protection on their rights and obligations with regard to reception conditions
		4.3.2. Actual material reception conditions in selected Member States
			4.3.2.1. Type of reception provided in selected Member States
			4.3.2.2. Overcrowding in the reception facilities in selected Member States
			4.3.2.3. Basic material reception conditions
			4.3.2.4. Quality indicators for reception facilities
		4.3.3. Destitution during the asylum procedure
	4.4. Conclusion
5. The health care of applicants for international protection
	5.1. Secondary Legislation
		5.1.1. The Reception Conditions Directive and its recast
	5.2. Relevant Fundamental Rights and Principles
		5.2.1. The right to private life and the right to physical integrity
		5.2.2. The right to life and health care
		5.2.3. The right to health care
		5.2.4. The right to dignity and the prohibition of torture and inhuman or degrading treatment or punishment
	5.3. Health care in Member States
		5.3.1. Difficulties in accessing health care
		5.3.2. Emergency and material health care
			5.3.2.1. Mental health facilities
		5.3.3. Health care when material reception conditions are reduced/withdrawn
	5.4. Conclusion
6. Applicants for international protection with special reception needs
	6.1. Secondary Legislation
		6.1.1. Reception Conditions Directive
		6.1.2. Recast Reception Conditions Directive
	6.2. Fundamental Rights and Principles
		6.2.1. Assessment of vulnerability by the European Court of Human Rights
		6.2.2. Special position of children
		6.2.3. The Right to be heard
		6.2.4. The duty to state the reasons
		6.2.5. The right to human dignity, human integrity and the right to private life
		6.2.6. Prohibition of torture and inhuman or degrading treatment or punishment
		6.2.7. The right to Health Care
	6.3. Member State practice with regard to the identification of persons with special reception needs
		6.3.1. Who is considered vulnerable
			6.3.1.1. Special identification measures for persons with special reception needs in legislation and in practice.
			6.3.1.2. Who identifies an individual as having special reception needs
		6.3.2. Actual special material reception condition provided
			6.3.2.1. Specialist medical care for traumatised persons and victims of torture
	6.4. Conclusion
7. The detention of applicants for international protection
	7.1. Secondary Legislation
		7.1.1. Reception Conditions Directive and its recast
		7.1.2. Dublin III Regulation
	7.2. EU Fundamental Rights and Principles
		7.2.1. Charter of Fundamental Rights of the European Union
		7.2.2. Procedural Safeguards
8. Detention conditions of applicants for international protection
	8.1. Secondary Legislation
		8.1.1. Reception Conditions Directive and its recast
		8.1.2. Dublin III Regulation
	8.2. EU Fundamental Rights and Principles
		8.2.1. The right to human dignity
		8.2.2. Prohibition of torture and inhuman or degrading treatment or punishment
		8.2.3. Right to liberty and security
		8.2.4. Freedom of thought, conscience and religion
	8.3. Detention Conditions in Member States
		8.3.1. Detention facilities
			8.3.1.1. Prisons
			8.3.1.2. Police stations and the conditions in the stations
			8.3.1.3. Specialised detention facilities
			8.3.1.4. Detention Conditions in specialised facilities
		8.3.2. Overcrowding in detention
		8.3.3. Access to open air facilities and the ability of applicants to leave their cells
			8.3.3.1. Police stations and prisons
			8.3.3.2. Specialised detention facilities
		8.3.4. Management of detention centres and the treatment of applicants for international protection by detention centre staff
	8.4. Conclusion
9. Health care of applicants in detention
	9.1. Secondary Legislation
		9.1.1. Reception Conditions Directive
		9.1.2. Recast Reception Conditions Directive
	9.2. Fundamental Rights and Principles
		9.2.1. The prohibition of torture and inhuman or degrading treatment or punishment
		9.2.2. Health care and the right to human dignity
		9.2.3. The right to health care
	9.3. Health care in detention in selected Member States
		9.3.1. Difficulties in accessing or being denied health care in detention
		9.3.2. Health of applicants for international protection affected as a result of being detained
	9.4. Conclusion
10. Detention of vulnerable persons and of applicants with special reception needs
	10.1. Secondary Legalisation
		10.1.1. Reception Conditions Directive
		10.1.2. Recast Reception Conditions Directive
	10.2. EU Fundamental Rights and Principles
		10.2.1. The prohibition of torture and inhuman or degrading treatment or punishment
		10.2.2. Health care and the right to human dignity
		10.2.3. The right to the integrity of the person
		10.2.4. The detention of children
	10.3. Member States treatment of persons with special reception needs in detention
		10.3.1. Special reception conditions for those who are vulnerable or who have special reception needs
		10.3.2. The detention of children in selected Member States
	10.4. Conclusion
11. Conclusion
                        

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