and obligations. In the event that an individual is detained at a border post or in a transit zone, a
State may derogate from these provisions if justified and for as short of a time as possible.63
Finally, Article 11 establishes the conditions for detained vulnerable persons. The health
of such individuals must be the primary concern of the national authorities. When vulnerable
persons are detained, States shall ensure regular monitoring and adequate support in regards to
their particular situation. Minors may only be detained as a last resort when other less coercive
measures do not apply, for the shortest period of time, and with efforts to place them in a suitable
accommodation for their age. The minor’s best interests shall be a primary consideration and
when detained, they shall have possibility to engage in leisure activities.64
Unaccompanied minors may only be detained in exceptional circumstances, with efforts
to release them as soon as possible, and may never be placed in ordinary prisons. If an
unaccompanied minor is detained, he or she must be accommodated with institutions that take
into account the needs of their age, separately from adults.65 Detained families must be
guaranteed separate accommodation with adequate privacy. Female detainees must be housed
separately from males, unless they are family members and all individuals have consented.
Exceptions to separate accommodations include spaces for social and recreational activities.
Separate accommodations can also be derogated if duly justified and shortest possible amount of
time, if the applicant is detained at border post or transit zone66.
Asylum Procedures Directive (2005/85/EC) (APD)/Recast Directive (2013/32/EU)
The APD and its recast set rules for Member States to determine whether refugee status is
to be granted. In terms of detention, an individual may not be detained for the sole reason that he
63
Directive 2013/33/EU, art. 10.
Directive 2013/33/EU, art. 11.
65
Directive 2013/33/EU, art. 11.
66
Directive 2013/33/EU, art. 24.
64
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