Fundamental rights of migrants in an irregular situation in the European Union

FRA Management Board requested the FRA to carry out a study in 2009 and 2010 on the situation of irregular migrants in the EU. This comparative report is one of the main outcomes of this project. It examines the situation of migrants in an irregular situation from a fundamental rights perspective, independently of broader considerations relating to migration management. Although in recent years a number of NGO reports have been published focusing on specific fundamental rights with respect to migrants in an irregular situation in Europe, this is the first report that covers a range of rights for all 27 EU Member States.

The objective of this report is to provide an overview of the extent to which the fundamental rights of migrants in an irregular situation are legally protected within the EU. It describes the related legislation and policies of the 27 EU Member States. Additionally, it illustrates practical challenges which can become obstacles to the enjoyment of entitlements existing under national law.

The report focuses on the selection of civil, social and and economic rights which have been grouped in six thematic areas. It deals first with the fundamental rights implication of immigration law enforcement before examining workers’ rights, access to housing and social assistance, healthcare and education. The last chapter is devoted to family life. The FRA selected these areas in order to cover those aspects that are considered particularly important to migrants’ everyday lives. An analysis of the applicable international and European human rights framework as well as relevant EU law sets the foundation for a comparative analysis.