Identifying the special protection needs of refugees is essential for ensuring adequate healthcare and accommodation, as well as for the asylum procedure. Since 2013 the identification of special protection needs has been regulated in the ‘EU Reception Directive’ 2013/33/EU; as part of the reform of the Common European Asylum System (CEAS), it has been revised and reissued as EU Directive 2024/1346.
Special protection needs
Every human being is ‘vulnerable’ and has basic protection needs, such as the need for a safe home, social connections and food security. However, external circumstances and an individual’s personal situation can lead to an increased level of vulnerability.
Refugees with special protection needs have specific individual support requirements, for example for psychological or medical care, barrier-free accommodation, hearings conducted by specially appointed officers, exemption from accelerated procedures or protection from gender-based violence in their accommodation.
Vulnerability can change depending on the situation and over time; moreover, individuals may be affected by intersecting vulnerabilities – multiple forms of vulnerability can overlap and amplify each other.
For refugees who belong to one of the following groups, there is a higher likelihood that they are in need of special protection:
- Minors
- Unaccompanied minors
- Persons with disabilities
- Elderly people
- Pregnant women
- Lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals
- Single parents with underage children
- Victims of human trafficking
- Persons with serious illnesses
- Persons with mental disorders, including post-traumatic stress disorder (PTSD)
- Persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, for example victims of gender-based violence, of female genital mutilation, of child or forced marriage, or violence committed with a sexual, gender, racist or religious motive.
These categories are listed in the EU Reception Directive as examples and are not exhaustive. Individuals who do not fall into any of these categories may also have special protection needs.
Identification
Special protection needs are not always visible or easily detectable, which is why structured identification procedures are required. German legislation does not specify how the identification of special protection needs should be carried out.
Currently, special protection needs are identified in the initial reception centres of the federal states by a variety of different actors, but not in a structured and standardised manner. As a result, protection needs may go unnoticed, meaning that the rights of those affected are not always adequately addressed. Conceptually defined and systematised approaches only exist in a few federal states.
Technological infrastructure
| Studies on the care situation of refugees in Germany have demonstrated that digital documentation of care needs in initial reception centres is only carried out sporadically. The sharing of information is seen as a challenge, particularly for data protection reasons.
Special protection needs are identified by the authorities, health personnel and as part of social and procedural counselling, among others, and must be taken into account at various stages of the asylum procedure. Depending on the reason for the special protection need, involving qualified specialist counselling centres is also relevant. Given the multiple responsibilities, there is a need for a unified digital documentation platform that allows for longitudinal documentation and provides the capability for data protection-compliant electronic sharing of selected information with other involved actors. |