CHAPTER II

GENERAL PROVISIONS ON RECEPTION CONDITIONS

Detention of vulnerable persons and of applicants with special reception needs
Article 11
1
The health, including mental health, of applicants in detention who are vulnerable persons shall be of primary concern to national authorities.
Where vulnerable persons are detained, Member States shall ensure regular monitoring and adequate support taking into account their particular situation, including their health.
2
Minors shall be detained only as a measure of last resort and after it having been established that other less coercive alternative measures cannot be applied effectively. Such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minors.
The minor’s best interests, as prescribed in Article 23(2), shall be a primary consideration for Member States.
Where minors are detained, they shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age.
3
Unaccompanied minors shall be detained only in exceptional circumstances. All efforts shall be made to release the detained unaccompanied minor as soon as possible.
Unaccompanied minors shall never be detained in prison accommodation.
As far as possible, unaccompanied minors shall be provided with accommodation in institutions provided with personnel and facilities which take into account the needs of persons of their age.
Where unaccompanied minors are detained, Member States shall ensure that they are accommodated separately from adults.
4
Detained families shall be provided with separate accommodation guaranteeing adequate privacy.
5
Where female applicants are detained, Member States shall ensure that they are accommodated separately from male applicants, unless the latter are family members and all individuals concerned consent thereto.
Exceptions to the first subparagraph may also apply to the use of common spaces designed for recreational or social activities, including the provision of meals.
6
In duly justified cases and for a reasonable period that shall be as short as possible Member States may derogate from the third subparagraph of paragraph 2, paragraph 4 and the first subparagraph of paragraph 5, when the applicant is detained at a border post or in a transit zone, with the exception of the cases referred to in Article 43 of Directive 2013/32/EU.