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Glossary
Terms relevant to DEVAS project
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1 -
Vulnerable
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* Something or someone that can be wounded, open to attack and
criticism; a heightened state of sensitivity and susceptibility
to danger and physical or emotional injury.
* Physically, mentally or socially disadvantaged persons who may
be unable to meet their basic needs and may therefore require
specific assistance.
* Minors, unaccompanied minors, disabled people, elderly people,
pregnant women, single parents with minor children and persons
who have been subjected to torture, rape or other serious forms
of psychological, physical or sexual violence.
* Family members of refugees.
* Single women, children, unaccompanied minors and those with
special medical or psychological needs;5 unaccompanied elderly
persons, torture or trauma victims.
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2 -
Vulnerable condition
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A state of vulnerability; a necessary or determining
factor(s) that creates a state of vulnerability.
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3 -
'Space'
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The physical area in the detention centre within which the
detainee lives out their daily life; encompasses sleeping
quarters, recreational rooms, bathroom facilities, social
quarters, exterior quarters, etc.
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4 -
Physical condition
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A necessary or determining factor(s) that leads to vulnerability
in the physical integrity of a person.
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5 -
Mental health condition
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A necessary or determining factor(s) that leads to vulnerability
in the mental integrity of the detainee.
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6 -
The 'outside world'
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Persons, organisations, bodies and representatives that are
based outside of the detention centre, with whom the detainee
maintains (or may maintain) contact.
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7 -
Physical health
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The particular state of welfare of a person’s physical
integrity.
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8 -
Mental health
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The particular state of welfare of a person’s mental integrity.
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Glossary from the 10 NMS report:
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10 -
(An) act
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Any law which is a national law having been adopted by the
competent national legislative authorities.
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11 -
Administrative detainee
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A person who is deprived of personal liberty except as a result
of conviction for a violation of law.
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12 -
Administrative detention
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A situation of “deprivation of liberty”, not merely a
“restriction upon liberty”; an administrative measure and not a
measure of the penal system, although its use takes on
characteristics of criminal incarceration. Thus it is neither
pre-trial detention on remand nor imprisonment after a court
trial.
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13 -
Administrative detention centre
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An administrative detention premise or an administrative
detention facility exclusively for asylum seekers or persons who
are at an external border of a EU Member State and who want to
make an application for asylum at the border or illegally
staying third-country nationals and where a large number of
persons is accommodated.
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17 -
Asylum applicant (or asylum seeker)
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A third-country national or a stateless person who has made an
application for asylum in respect of which a final decision has
not yet been taken.
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18 -
Asylum procedure detention
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Detention during the asylum procedure; if the asylum procedure
takes place at a border, asylum procedure detention is at the
same time pre-admission detention; if the asylum procedure takes
place on the territory, asylum procedure detention is at the
same time inland detention.
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19 -
Asylum seeker (or asylum applicant)
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A third-country national or a stateless person who has made an
application for asylum in respect of which a final decision has
not yet been taken.
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20 -
(To) detain
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To deprive someone of his/her liberty except as a result of
conviction for a violation of law.
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21 -
Detainee
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Cf. “Administrative detainee”.
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22 -
Detention
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* Cf. “Administrative detention”
* At EU level “detention” of asylum seekers is legally defined
as the “confinement (…) by a Member State within a particular
place, where (an asylum seeker) is deprived of his or her
freedom of movement”; previously, the EU Commission had proposed
to definite it as “the confinement of (an applicant for asylum)
by a Member State within a restricted area, where his freedom of
movement is substantially curtailed”.
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25 -
Detention order
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An administrative or court decision or act ordering the
detention of a person (in some countries the removal order and
the detention order are not separated and thus constitute one
single measure).
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27 -
Directive
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* Cf. “EU directive”.
* An EU directive is binding, as to the result to be achieved,
upon each Member State to which it is addressed, but leaves to
the national authorities the choice of form and methods (Art.
249 Treaty of Amsterdam).
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28 -
EU acquis
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* Cf. “EU law”.
* The complete set of EU law.
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29 -
EU directive
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An EU directive is binding, as to the result to be achieved,
upon each Member State to which it is addressed, but leaves to
the national authorities the choice of form and methods (Art.
249 Treaty of Amsterdam).
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30 -
EU law
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EU law distinguishes three types of law: primary law (treaties
of the EU), secondary legislation (decisions, directives,
recommendations and regulations) and decisions of the European
Court of Justice and the Court of First Instance.
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31 -
EU legislation
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Decisions, directives, recommendations and regulations (also
called “secondary legislation”).
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32 -
Foreigner
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A person who is not a citizen of the country where she/he is
staying.
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33 -
Illegally staying third country national
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“Any person who is not a citizen of the (European) Union and
whose “presence on the territory of Member State” is regarded as
“illegal stay” because the stay “does not fulfil, or no longer
fulfils the conditions for stay or residence in that Member
State.”
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34 -
(To) imprison
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To deprive someone of his/her liberty as a result of conviction
for a violation of law.
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36 -
Law
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* Cf. “Act”.
* Very general notion, may describe legislation and court
decisions.
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38 -
Minors
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Those persons who have not yet reached the legal age of
adulthood (age in the country of stay, not in the country of
origin).
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39 -
Migrant
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A person who is staying in a State of which he or she is not a
national (sociological notion).
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40 -
Outside world
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Lawyers, NGOs, pastoral workers, family, friends, etc; services
in the centre are not considered as “outside world”.
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44 -
Prison
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A closed centre for persons who are deprived of personal liberty
because a court convicted them for violation of law.
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45 -
Prisoner
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A person who is deprived of personal liberty as a result of
conviction for a violation of law.
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46 -
Removal/to remove
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The execution of the obligation to return, namely the physical
transportation out of the country (the person is on the
territory of a country).
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47 -
Removal order
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“An administrative or judicial decision or act ordering the
removal” (in some countries the return decision and the removal
order are not separated and thus constitute one single measure).
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49 -
Return/to return
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“The process of going back to one’s country of origin, transit
or another third-country, whether voluntary or enforced.”
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50 -
Return decision
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“An administrative or judicial decision or act, stating or
declaring the stay of a third0country national to be illegal and
imposing an obligation to return” (in some countries the return
decision and the removal order are not separated and thus
constitute one single act).
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