Fundamental rights of irregular migrants in the EU Towards policy responses to irregular migration Katholischen Akademie Berlin, 2 - 4 March 2011 Jana.

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Presentation transcript:

Fundamental rights of irregular migrants in the EU Towards policy responses to irregular migration Katholischen Akademie Berlin, March 2011 Jana GAJDOSOVA EU Fundamental Rights Agency

The FRA Seat: Vienna Director: M. Kjaerum Multi-annual Framework ( ) 9 Thematic Areas 1.Racism, xenophobia & related intolerance 2.Discrimination on all grounds and multiple discrimination 3.Compensation of victims 4.The rights of the child, including the protection of children 5.Asylum, immigration and integration 6.Visa and border control 7.Participation in the Unions democratic functioning 8.Information society and respect for private life 9.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 EUMS 10 EUMS

Comparative report 1.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 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

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