fundamental rights of irregular migrants in the eu towards policy responses to irregular migration...
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Fundamental rights of irregular migrants in the EU
Towards policy responses to irregular migration
Katholischen AkademieBerlin, 2 - 4 March 2011
Jana GAJDOSOVAEU Fundamental Rights Agency
The FRA
Seat: Vienna
Director: M. Kjaerum
Multi-annual Framework (2009-2011)9 Thematic Areas
1. Racism, xenophobia & related intolerance2. Discrimination on all grounds and multiple
discrimination3. Compensation of victims4. The rights of the child, including the protection
of children5. Asylum, immigration and integration6. Visa and border control 7. Participation in the Union’s democratic
functioning8. Information society and respect for private life9. Access to efficient and independent justice
FRA project on the situation of irregular migrants in the
European Union• The purpose of the project is to examine key
aspects of the social situation of irregular immigrants in the EU
• Areas covered: health, education, housing and social care, fair working conditions and access to justice
Expected outputs (2011)
Comparative report + Summary
Report
Non-removable irregular migrants
Practices to detect irregular migrants, which de facto discourage enjoyment of
fundamental rights
2 Case Studies
Domestic workers
Health Care
2 Thematic reports
27 EU
MS
10 E
UM
S
Comparative report1. Fundamental rights of irregular migrants
2. Non-removable persons
3. The size of the irregular migrant population
4. Healthcare
5. Employment-related rights
6. Education
7. Family Issues and Birth
8. Adequate standard of living
9. Immigration law enforcement and justice
Non-removable migrants
(preliminary results)
Obstacles to removal
Obstacles to removal
Legal & humanitarian
obstacles
Protection of family & private
life
Medical and health condition
Humanitarian situation in the
country of origin
Technical obstacles
Policy-related obstacles
Responses to non-removability
Non-removable migrants:preliminary conclusions
• In cases where the removal is not formally suspended, non-removable irregular migrants are at risk of arbitrary arrest and detention
• Where a formal suspension of removal is granted, access to basic socio-economic rights remains often inadequate
• Ways out of limbo difficult
Access to healthcare
(preliminary results)
Access to healthcare in EU 27
• Encouraging healthcare access on the local level: the example of Sweden
• Pro-active initiatives in a generally restrictive context: the example of three German cities
• Assisting irregular migrant women: the example of Italy and Greece
• Innovative ways to address mental health: the example of Belgium
Practices to be promoted (examples):
Conclusions
• Need for coherent policy responses for irregular migrants in legal limbo
• Need for an effective exchange of good practices in order to improve irregular migrants access to health care in practice
