A turning point for detention in Europe: Political support for detention houses

On 14th of June 2024, the 27 Justice Ministers of the EU adopted landmark Council Conclusions on ‘Small-scale Detention: focusing on social rehabilitation and reintegration into society’. In this blog, Noa Shoshan from RESCALED – a movement advocating for the use of detention houses instead of large prison institutions – explains their relevance for the future of detention houses in a greener, fairer and more inclusive Europe.  

For too long, the cycle of crime and incarceration has perpetuated itself, with prisons failing to address the root causes of crime and the complexity of social issues. In times when many European prison systems are struggling with overcrowding, staff shortages and incidents, we at RESCALED are asking the question: how can we break this cycle? 

A 21st-century approach to incarceration 

’People are sent to prison as punishment, not for punishment’ is one of the founding principles in European legislation and penology of today. Deprivation of liberty should invariably be a last resort and does not equate to deprivation of dignity. The importance of this principle is evidenced by legal instruments and minimum standards – including the European Prison Rules – and by supervisory bodies such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) monitoring these standards to protect the principle. 

Society has thus come a long way since we introduced prison as the recurrent means of punishment in the 19th century. We have undergone significant transformations, from our education and health care systems to ever-quickening changes due to the technological revolution. However, the concept of prison has largely stayed the same, along with measures like control, security and isolation. Even though large prison institutions may appear modernised, we only continue to modernise the past. These prisons were built for another purpose at another time. And today, they reproduce the social inequalities seen in our communities.  

The key to building more inclusive and resilient communities is therefore to involve society in our justice system and appeal to the shared responsibilities of justice, health care, mental health care, education, employment and other relevant systems in society. This can be done by supporting the use of small-scale, differentiated and community-integrated detention houses instead of large prison institutions. Detention houses have emerged on the local, national and, more recently, even the European level, attracting the attention of policymakers, researchers, practitioners and civil society. These detention houses are based on three principles that reinforce each other: small-scale, differentiation and community-integration. If people are to be deprived of their liberty as a pre-trial measure or as a sentence, a detention house provides the right context for each individual.  

The EU’s commitment to a fairer, greener and more inclusive future for detention 

On Friday 14 June 2024, the JHA Council (Ministers for Justice and Home Affairs of the 27 EU countries) unanimously expressed their support for the use of detention houses, following the initiative of the Belgian Presidency of the Council of the EU. They did so by adopting Council Conclusions on Small-scale Detention, by which all Member States are invited to consider, where appropriate, the use of small-scale detention facilities.  

The adoption of these EU Council Conclusions is in line with a wider European movement towards the use of detention houses instead of large prison institutions. The concept itself is not new. Inspiring examples of small-scale, differentiated and community-integrated facilities can be found in many European countries (as evidenced by 50+ facilities in 19 countries, available at RESCALED Inspirational Practices database). What is new is the general recognition that such facilities tend to perform in ways that contribute to a safer, more inclusive and sustainable society. The Council Conclusions affirm that small-scale detention can better ‘facilitate social rehabilitation and reintegration’ of people in detention into society and contribute to a better sense of community and better social integration, which may reduce reoffending. They signal a commitment to more humane criminal justice policies and a more constructive approach to dealing with crime.  

Even though the Council Conclusions are ‘inviting’ and not ‘imposing’ anything, they surely reflect a turning point for how we implement liberty deprivation in Europe. A turning point from a 19th-century concept of prison (which are large institutions built to control large groups of people in the hope of disciplining them) towards a 21st-century concept of detention houses, which can provide the right context for each individual, for a meaningful way to spend time, for relational security and emotional safety for staff and people in detention. Thus, this political support of the 27 EU ministers is a strong and hopeful sign for the future of detention in Europe. Now it is up to the national policymakers to explore the benefits of detention houses for their countries.  

The value and potential of detention houses 

Detention houses are not small prisons. They have a small scale of maximum 30 people and they are meant to implement liberty deprivation (as a pre-trial measure or as a sentence). This size enables constructive relationships. Hence, it is not about numbers. It is about people. The small scale helps shape constructive group dynamics and interpersonal relationships inside the detention house and with people from outside the facility. Because they are small and can blend in with the community, detention houses are more likely to be located in neighbourhoods that are easily accessible to staff, social services and visitors and they tend to be more visitor-friendly than large prison institutions, which is particularly relevant when the visitors are children. 

In addition, detention houses are differentiated and community-integrated. Differentiation means that many small detention houses differ from each other to allow for a personal and individual approach. This means different approaches for young people, elderly people, people with mental vulnerabilities, people at the end of their sentences or people with short sentences. These different approaches include different social and psychological services, education, work, sports, health care and security measures. The latter is not limited to labels of low-medium-high security. In a detention house, people gradually regain their freedom of movement as citizens. When necessary, static security measures are combined with house policies and procedures, and safety is established based on the understanding of an individual and the quality of their relationship with the staff.  

Finally, community-integration refers to a dynamic interaction between the detention house and its local community: local teachers, psychologists, and social workers from the community provide their services to the people in the detention house, and at the same time, the detention house adds value to the community. By offering something that this neighbourhood is missing, people in detention get the opportunity to do something meaningful and to restore harm caused by the offence in a symbolic way. In this way, detention houses can promote social and cultural life, and citizen engagement, as well as help reduce prejudices and misconceptions. Over time, this could give rise to stronger and more inclusive communities. Thus, detention houses do not only meet the needs of current societies but could also support well-functioning societies in the future. This is especially relevant when it comes to the climate crisis. 

RESCALED, with its dedicated members in Austria, Belgium, Croatia, the Czech Republic, Estonia, Finland, France, Germany, Italy, Ireland, Kosovo, Malta, the Netherlands, Norway, Portugal, Romania and Spain, aims to support the national Ministries of Justice, prison administrations and local governments in the implementation of detention houses because scientific evidence and practical experience suggest that detention houses provide sustainable solutions for many of the current challenges of detention systems and societies at large. 

Let’s embrace this opportunity for systemic change and work together to create a more just and compassionate society! 

RESCALED is the European Movement for Detention Houses with members in seventeen countries. Read more here: https://www.rescaled.org