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PICUM's Main Concerns About the Fundamental Rights Of PICUM’s Main Concerns 2010 about the Fundamental Rights of Undocumented Migrants in Europe London, UK, March 27, 2009 This report pieces together a year of European, national and local news issues on irregular migration to foster a better understanding of the main concerns of human rights of undocumented migrants as well as the multifaceted ways in which civil society throughout Europe is responding to this situation of social exclusion. It is based on a review of events reported in PICUM’s newsletter during the year 2009. This report was made possible with the generous support of: This project has received funding from the European Community under the Daphne III program. The information is the sole responsibility of the author, and the Commission is not responsible for any use that may be made of the information contained therein. PICUM Platform for International Cooperation on Undocumented Migrants Gaucheretstraat 164 1030 Brussels Belgium Tel: +32/2/274.14.39 Fax: +32/2/274.14.48 [email protected] www.picum.org October 2010 Layout: beëlzepub • Brussels • www.beelzepub.com Table of Contents A. Introduction ...................................................................................................................................4 B. The Impact of Restrictive Migration Policies on the Fundamental Rights of Undocumented Migrants ...........................................................................................................8 1. Criminalization of Undocumented Migrants and Their Advocates ..............................................................8 2. Health Care ..................................................................................................................................................15 3. Housing ........................................................................................................................................................19 4. Undocumented Children .............................................................................................................................21 5. Undocumented Women ...............................................................................................................................29 6. Family Life ...................................................................................................................................................33 7. Working Conditions and Employment.........................................................................................................34 8. Regularisation ............................................................................................................................................. 41 9. Forced Destitution .......................................................................................................................................46 10. Detention .....................................................................................................................................................47 C. EU Policy Developments Concerning Irregular Migration and Borders ......................................54 1. Externalising Controls ................................................................................................................................54 2. Deaths at the Borders .................................................................................................................................68 3. Stockholm Programme ...............................................................................................................................73 D. International Recognition of Undocumented Migrants’ Human Rights ....................................... 76 1. United Nations ............................................................................................................................................76 2. Council of Europe ........................................................................................................................................76 E. Conclusion ...................................................................................................................................80 A Introduction A Introduction PICUM’s two previous Main Concerns About the of Europe – but at the price of exposing migrants Fundamental Rights of Undocumented Migrants to abuse, inhumane conditions, and death unseen in Europe, reviewing events of 2006 and 2008, in prisons in North and West Africa. followed the conflict between policy measures developed to address irregular migration, and PICUM’s research and advocacy efforts over undocumented migrants’ fundamental rights. The the past decade have focused largely on externalisation of border control was a notable undocumented migrants already present in policy trend, with a concomitant increase in Europe. While the pseudo-militarisation of the reports of migrants dying attempting to reach EU’s borders and its drastic impact on human Europe by irregular means. Within Europe, rights have justifiably drawn significant attention PICUM gathered reports which provided insight from civil society, press, and policymakers, the into the daily realities of inadequate access for fundamental rights of those already present undocumented migrants to health care and cannot be forgotten. Especially in view of the workplace rights, and reported its observations Lisbon Treaty and its incorporation of the regarding the situation facing undocumented Charter of Fundamental Rights as primary, children. enforceable EU law, PICUM is focusing an increasing portion of its resources on advancing By 2010, Frontex’s rapidly rising budget and the rights of undocumented migrants in the EU increased powers, proliferating ‘strategic to education, health, housing, and fair working partnerships’ and readmission agreements, visa conditions. PICUM is also exploring the particular restrictions and carrier sanctions, and vigorous vulnerabilities of certain groups such as children, efforts to detect and deport undocumented and the gender dimension of social issues facing migrants had virtually sealed off the EU to undocumented migrants. irregular migration. In particular, 2009 saw the prototyping of a system of migration control Accordingly, this report concentrates first upon whereby naval patrols actively sought to intercept the challenges facing undocumented migrants migrants at sea, summarily depositing them back in the EU. PICUM’s monitoring and reporting with collaborating third countries without giving testify to the continuing damage restrictive them the chance to request, let alone receive, migration policies exert upon the fundamental protection. This did lead to a noticeable reduction rights of undocumented migrants. Some positive in the numbers of reported deaths at the borders developments are also noticeable. Unfortunately, PICUM’s Main Concerns about the Fundamental Rights of Undocumented Migrants in Europe 2010 5 in a year of efforts by populist politicians to report undocumented migrants to enforcement exploit economic distress and channel public authorities pose a particular problem. The next dissatisfaction toward the most voiceless and sections of the report explore cross-cutting disempowered residents of Europe, restrictive themes of children, women, and the family tendencies became even more visible. Several unit. Each of these groups shares a set of EU member states enacted new laws designed vulnerabilities that can impact any of the social to make undocumented life even harder than it rights discussed in this report. Family life in already is, and others enthusiastically pursued particular is only beginning to be explored as a the same goal using existing laws. In some topic of policy research relating to social rights, a cases, only judicial intervention prevented fact reflected in the brevity of that section relative further inroads against the fundamental rights of to those on children and women. irregular migrants. In others, civil society stepped in where official actors would not, and tried to After the sections on particular groups, the stem the tide of hostility. report addresses fair working conditions and efforts at regularisation. These two subjects are PICUM’s 2010 report explores the daily realities closely related, as often it is through employment of those with an irregular migration status. (if at all) that undocumented migrants can Reflecting a main focus of PICUM’s research achieve regular status. Trade unions joined civil activities over the past few years, this begins with society and migrants themselves in agitating for health care, followed by housing. Undocumented regularisation programmes, with some notable migrants have the same fundamental right to successes. Regularisation does not of course access health care as anyone else in Europe, and obviate the need to open up social services to national legislation in some EU member states the undocumented, but it is extremely helpful in recognises this right. Many practical barriers reducing the numbers who cannot realise their exist, however, and numerous studies have social rights through normal channels. The part demonstrated that in practice undocumented of the report dealing with social rights finishes by migrants enjoy a much lower level of health dealing with the particularly tragic topics of the care than the population generally. The situation forced destitution that many migrants face, the is much the same regarding housing. In both systematic and harsh practices of administrative areas, efforts to convince
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