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Recent developments on European and UN levels for more visibility and recognition of the fundamental rights of undocumented migrants Lilana Keith, PICUM.

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Presentation on theme: "Recent developments on European and UN levels for more visibility and recognition of the fundamental rights of undocumented migrants Lilana Keith, PICUM."— Presentation transcript:

1 Recent developments on European and UN levels for more visibility and recognition of the fundamental rights of undocumented migrants Lilana Keith, PICUM Project Officer

2 European Union Committee of Regions (CoR) Annual Dialogue with Fundamental Rights Agency (FRA) on UDM: 17/10/2011 Highlighted role of local authorities as guarantors of human rights & good practices Conclusions call for EU and nat’l policies to enable local and regional authorities to address fundamental rights issues of UDM; also refer to more funding mechanisms for practitioners

3 European Union Fundamental Rights Agency (FRA) Three major reports on fund. rights of UDM  2 case studies (health care and domestic workers)  Thematic report Annual conference, Warsaw 21-22/11/2011 Workshop dedicated to undocumented children and families (City of Utrecht speaker)

4 Council of Europe Parliamentary Assembly Committee on Migrants hearings (March 2011 and Oct. 2011) on undocumented children Contribution from DCI on housing in NL Report and recommendations  Areas where undoc. children’s rights need to be clarified and strengthened: education, HC, housing, detention and exploitation

5 Recent jurisprudence on European level European Court of Justice (EU)  Judgment C-34/09 Ruiz Zambrano (Belgium):  The undocumented parent of an EU citizen child has the right to work and reside in the country of the child’s citizenship.  European Court of Justice rulings establish jurisprudence for EU: courts in IRL, DK, AUST, UK have since asked for clarifications  Case C-61/11 PPU Hassen El Dridi alias Soufi Karim (Italy):  Being an undoc. migrant is not a sufficient reason under the “Returns Directive” to be jailed (however detention pending deportation still possible). European Social Charter (Council of Europe)  Rulings on undoc. children (France and NL) establish precedent for future cases PICUM to hold workshop in June 2012 on legal strategies and int’l monitoring bodies

6 United Nations Migrant Workers’ Committee:  Day of General Discussion on Undocumented Migrant Workers: 19/9/2011  General Comment on Undocumented Migrant Workers and Their Families Committee on Rights of the Child:  Day of General Discussion on children in migration situations: September 2012  General Comment


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