Assessing EU Policy on Irregular Immigration under the Stockholm Programme
Assessing EU Policy on Irregular Immigration under the Stockholm Programme
Contributor(s): Sergio Carrera (Editor), Massimo Merlino (Editor)
Subject(s): Politics / Political Sciences, Politics, Social Sciences, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Sociology, Labor relations, Health and medicine and law, Migration Studies, EU-Accession / EU-DEvelopment
Published by: CEPS Centre for European Policy Studies
Keywords: EU Policy; Irregular Immigration; Stockholm Programme;
Summary/Abstract: The relationship between EU policy and the rights of undocumented migrants remains in tension. The status and treatment granted to undocumented migrants continues to be ‘invisible’ in EU policy strategies and responses. This is so despite the wide recognition and evidence of the vulnerability and insecurities these persons face in their access to fundamental rights. The ‘policy gap’ between current European policy-making under the third multi-annual programme on the Union’s Area of Freedom, Security and Justice – the Stockholm Programme – and the results emerging from social science research funded by EU institutions has been assessed and evidenced elsewhere. This collection of papers aims at moving the debate forward by substantiating these findings with the experiences and knowledge of a selected group of EU umbrella (civil society) organisations and practitioners representing key institutions in Europe on fundamental human rights.
Series: CEPS Papers in LIBERTY and SECURITY in Europe
- Print-ISBN-13: 978-94-6138-055-5
- Page Count: 40
- Publication Year: 2010
- Language: English
Undocumented migrants and the Stockholm Programme
Undocumented migrants and the Stockholm Programme
(Undocumented migrants and the Stockholm Programme)
- Author(s):Elspeth Guild, Sergio Carrera
- Language:English
- Subject(s):Human Rights and Humanitarian Law, Civil Society, Labor relations, Migration Studies, EU-Accession / EU-DEvelopment, Socio-Economic Research
- Page Range:1-9
- No. of Pages:9
- Keywords:Undocumented migrants; Stockholm programme; EU; Access to rights;
- Summary/Abstract:The phenomenon of irregular immigration in the EU constitutes a domain where the results emerging from social science research and the priorities driving current policy-making processes rarely coincide. The vulnerability of third-country nationals (TCNs) lacking a regular status of entry or stay (or both) (i.e. undocumented migrants) and the negative impact of certain irregular immigration policies on the access of undocumented TCNs to basic socio-economic (fundamental) rights have been repeatedly pointed out by academics and civil society organisations across Europe during the last few years. The Justice and Home Affairs Section ofthe Centre for European Policy Studies (CEPS) published a report entitled Undocumented Immigrants and Rights in the EU: Addressing the Gap between Social Science Research and Policy-making in the Stockholm Programme in December 2009, underlining ‘the policy gap’ between EU policies on irregular immigration and social science research funded by different directorates-general of the European Commission.
Access to labour rights for undocumented workers
Access to labour rights for undocumented workers
(Access to labour rights for undocumented workers)
- Author(s):Irina de Sancho Alonso
- Language:English
- Subject(s):Human Rights and Humanitarian Law, Labor relations, Migration Studies, Socio-Economic Research
- Page Range:10-14
- No. of Pages:5
- Keywords:Labour rights; undocumented workers; EU migration policy;
- Summary/Abstract:Irregular migration is a complex phenomenon and employment one of its many pull factors. An adequate public policy response requires a wide range of measures and policies, addressing undeclared work and the precariousness of work, along with the need to open up more channels for legal migration. Undocumented workers are among the most vulnerable and exploited workers in Europe. They are often victims of labour exploitation. For instance, they may experience unpaid wages, no holidays, dangerous conditions and uncompensated work place injuries. They may be obliged to work for long hours or suffer unlawful deductions from pay inan environment in which health and safety conditions are ignored. They may be forced to stay with their employer, especially in cases of trafficked workers, and face a virtual absence of social protection, denial of freedom of association and workers’ rights, discrimination, xenophobia and social exclusion.
Irregular migration and the role of local and regional authorities
Irregular migration and the role of local and regional authorities
(Irregular migration and the role of local and regional authorities)
- Author(s):Dirk Gebhardt
- Language:English
- Subject(s):Migration Studies, EU-Accession / EU-DEvelopment, Socio-Economic Research
- Page Range:15-17
- No. of Pages:3
- Keywords:The Stockholm Programme; fundamental rights; undocumented migrants; irregular migration;
- Summary/Abstract:The Stockholm Programme has answered the question of fundamental rights for undocumented migrants and the role of cities with silence on two accounts: not only did the StockholmProgramme fail to address the fundamental rights issue of irregular migration, it also said little about the role of cities in migration policy in a more general sense. Nevertheless, irregular migrants in cities are a reality. Judging from estimates provided by cities, undocumented migrants represent for example between 3% and 6% of the population in Ghent, Genoa and Rotterdam. According to the estimates of a study by the London School of Economics commissioned by the mayor of London, the numbers are as high as 440,000 in London – a population group as large as that of a medium-sized city, living in a highly precarious legal situation.
Access to health care for undocumented migrants
Access to health care for undocumented migrants
(Access to health care for undocumented migrants)
- Author(s):Kadri Soova, Michele LeVoy
- Language:English
- Subject(s):Human Rights and Humanitarian Law, Health and medicine and law, Migration Studies, EU-Accession / EU-DEvelopment
- Page Range:18-22
- No. of Pages:5
- Keywords:Health care; undocumented migrants; EU;
- Summary/Abstract:While numerous international instruments in human rights law have been ratified by EU member states and refer to the right of everyone to health care as a basic human right (regardless of one’s administrative status), the laws and practices in many European states deviate from these obligations. It is a fact that a high percentage of undocumented migrants do not access any kind of health care even if they are entitled to do so. For them, a worsening of their physical and mental health is more likely to occur because of poor access to health care services or the continual fear of being discovered and deported.
Research projects by the European Union Agency for Fundamental Rights on undocumented migration
Research projects by the European Union Agency for Fundamental Rights on undocumented migration
(Research projects by the European Union Agency for Fundamental Rights on undocumented migration)
- Author(s):Adriano Silvestri
- Language:English
- Subject(s):Human Rights and Humanitarian Law, Migration Studies, EU-Accession / EU-DEvelopment
- Page Range:23-27
- No. of Pages:5
- Keywords:European Union Agency for Fundamental Rights; Undocumented migration; FRA; National governments; EU;
- Summary/Abstract:The European Union Agency for Fundamental Rights (FRA) is an advisory agency of the EU. It was set up in March 2007 and is based in Vienna. The FRA helps to ensure that the EU and national governments respect people’s fundamental rights. It does this by collecting evidence about the situation of fundamental rights across the EU. Based on such evidence it provides advice about how to improve the situation. Two of the FRA’s projects focus on the fundamental rights situation of irregular migrants in the EU. The first project aims at providing a legal analysis of a number of issues covered in the Directive on Returns (2008/115/EC). The second project collects information on the situation of irregular migrants in the EU from national authorities, municipalities, various actors working with irregular migrants, and most importantly from migrants themselves. This paper draws on preliminary findings of these two projects.
Access to housing for undocumented migrants
Access to housing for undocumented migrants
(Access to housing for undocumented migrants)
- Author(s):Gioia Scappucci
- Language:English
- Subject(s):Human Rights and Humanitarian Law, Migration Studies
- Page Range:28-31
- No. of Pages:4
- Keywords:Access to housing; European Committee of Social Rights; Children International v. the Netherlands;
- Summary/Abstract:On 4 February 2008, Defence for Children International (DCI) lodged a complaint (No.47/2008) against the Netherlands before the European Committee of Social Rights (hereinafter ‘the Committee’), claiming that housing is a prerequisite for the preservation of human dignity. DCI asked the Committee to consider legislation or practice that denies entitlement to housing to foreign nationals, even if they are on the territory unlawfully, contrary to the European Social Charter (Art. 31 – right to housing). It further alleged that a finding of violation of the right to housing gave rise to violations of other fundamental rights guaranteed by the European Social Charter (hereinafter ‘the Charter’).
Policy recommendations
Policy recommendations
(Policy recommendations)
- Author(s):Massimo Merlino, Elspeth Guild, Sergio Carrera
- Language:English
- Subject(s):Human Rights and Humanitarian Law, Civil Society, Migration Studies
- Page Range:32-35
- No. of Pages:4
- Keywords:EU policy; undocumented migrants; human rights;
- Summary/Abstract:On the basis of some of the results put forward by the CEPS report, Undocumented Immigrantsand Rights in the EU: Addressing the Gap between Social Science Research and Policy-making in the Stockholm Programme, and the policy recommendations outlined by each of the contributions making up this publication, the following final recommendations are put forward.
