Methodology for the identification of vulnerable asylum seekers

Int J Legal Med. 2017 Nov;131(6):1719-1730. doi: 10.1007/s00414-017-1645-z. Epub 2017 Jul 26.

Abstract

Asylum seekers often experience situations of vulnerability, being frequently exposed to a heightened risk of harm, and thus require special care, support and protection. The categories of "vulnerable persons", identified by International Legislation, and an individual's classification as a "vulnerable asylum seeker", have important implications in the reception procedures, in the decision-making phase and in the definition of therapeutic needs and rehabilitation. The Istanbul Protocol, the first international guideline approved by the United Nations and applied in different contexts, is not applicable for the assessment of the totality of the conditions (medical and otherwise), and therefore, the identification and assessment of conditions of vulnerability is largely delegated to questionnaires administered by non-medical personnel. The proposed methodology, based on the modificatory reworking of the Guidelines of the International Academy of Legal Medicine concerning the "medicolegal ascertainment of personal injury and damage on the living person", takes into consideration all the medical issues relevant for the decision concerning the applicant, both in the reception procedures and in the outcome of the asylum application.

Keywords: Asylum seekers; Methods of ascertainment; Torture; Vulnerable persons.

MeSH terms

  • Documentation / standards*
  • Forensic Medicine / standards*
  • Genetic Testing
  • Guidelines as Topic
  • Humans
  • Interviews as Topic / standards
  • Medical History Taking / standards
  • Mental Health
  • Physical Examination / standards
  • Psychological Tests
  • Refugees*