Article 18 - Right to asylum

Guidance on how to reduce the risk of refoulement in external border management when working in or together with third countries
December
2016

Guidance on how to reduce the risk of refoulement in external border management when working in or together with third countries

Paper
EU Member States are increasingly involved in border management activities on the high seas, within – or in cooperation with – third countries, and at the EU’s borders. Such activities entail risks of violating the principle of non-refoulement, the cornerstone of the international legal regime for the protection of refugees, which prohibits returning individuals to a risk of persecution. This guidance outlines specific suggestions on how to reduce the risk of refoulement in these situations – a practical tool developed with the input of experts during a meeting held in Vienna in March of 2016.
Scope of the principle of non-refoulement in contemporary border management: evolving areas of law
December
2016

Scope of the principle of non-refoulement in contemporary border management: evolving areas of law

Report
EU Member States are increasingly involved in border management activities on the high seas, within – or in cooperation with – third countries, and at the EU’s borders. Such activities entail risks of violating the principle of non-refoulement, the cornerstone of the international legal regime for the protection of refugees, which prohibits returning individuals to a risk of persecution. This report aims to encourage fundamental-rights compliant approaches to border management, including by highlighting potential grey areas.
Key migration issues: one year on from initial reporting
October
2016

Key migration issues: one year on from initial reporting

Paper
In view of the increasing numbers of refugees, asylum seekers and migrants entering the EU, the European Commission asked FRA to collect data about the fundamental rights situation of people arriving in those Member States that have been particularly affected by large migration movements. This month's focus section reviews persistent key issues since initial reporting began one year ago.
Asylum and migration into the European Union in 2015
May
2016

Asylum and migration into the European Union in 2015

Annual report
This Focus takes a closer look at asylum and migration issues in the European Union (EU) in 2015. It looks at the effectiveness of measures taken or proposed by the EU and its Member States to manage this situation, with particular reference to their fundamental rights compliance.
Protection against discrimination on grounds of sexual orientation, gender identity and sex characteristics in the EU – Comparative legal analysis – Update 2015
December
2015

Protection against discrimination on grounds of sexual orientation, gender identity and sex characteristics in the EU – Comparative legal analysis – Update 2015

Report
While awareness of the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons is on the rise across the European Union, hurdles to their full enjoyment of their fundamental rights remain. This report updates FRA’s 2010 report on homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity.
Guardianship systems for children deprived of parental care in the European Union
October
2015

Guardianship systems for children deprived of parental care in the European Union

Report
This report explores the key features of guardianship systems put in place to cater for the needs of all children in need of protection, including child victims and those at risk of becoming victims of trafficking in human beings or of other forms of exploitation. The research covers four specific areas, namely the type of guardianship systems in place, the profile of appointed guardians, the appointment procedures, and the tasks of the guardians.
Legal entry channels to the EU for persons in need of international protection: a toolbox
March
2015

Legal entry channels to the EU for persons in need of international protection: a toolbox

Paper
Every year, tens of thousands of people risk their lives trying to enter the European Union (EU) in an irregular way, and many die in the attempt. Increasing the availability of legal avenues to reach the EU would contribute to make the right to asylum set forth in Article 18 of the EU Charter of Fundamental Rights a reality for vulnerable refugees and other persons in need of protection who are staying in a third country, often facing risks to their safety. It would also help to fight smuggling in human beings. This FRA focus seeks to contribute towards the elaboration of such legal entry options so that these can constitute a viable alternative to risky irregular entry.
Fundamental rights at land borders: findings from selected European Union border crossing points
November
2014

Fundamental rights at land borders: findings from selected European Union border crossing points

Report
Together with two FRA sister reports on the EU’s air and southern sea borders, this report’s findings serve to inform EU and Member State practitioners and policy makers of fundamental rights challenges that can emerge at land borders. Increased awareness should also help to create a shared understanding among border guards of what fundamental obligations mean for their daily work, ultimately enhancing fundamental rights compliance at the EU’s external borders.
Handbook on European law relating to asylum, borders and immigration
June
2014

Handbook on European law relating to asylum, borders and immigration

Handbook
The Handbook on European law relating to asylum, borders and immigration is jointly produced by the European Court of Human Rights and the FRA. It examines the relevant law in the field of asylum, borders and immigration stemming from both European systems: the European Union and the Council of Europe. It provides an accessible guide to the various European standards relevant to asylum, borders and immigration.
Fundamental rights at Europe’s southern sea borders - Summary
August
2013

Fundamental rights at Europe’s southern sea borders - Summary

Report summary
This FRA report examines the conditions at Europe’s southern sea borders with respect to the most fundamental rights of a person, the right to life and the right not to be sent back to torture, persecution or inhuman treatment. It looks at sea border surveillance and disembarkation procedures, as well as general issues such as European Union (EU) policy, training and Frontex-coordinated operations, and examines practices across the EU Member States researched – Cyprus, Greece, Italy, Malta and Spain.
EU solidarity and Frontex: fundamental rights challenges
August
2013

EU solidarity and Frontex: fundamental rights challenges

Report
The majority of irregular arrivals by sea to the European Union (EU) occur in the Mediterranean. Although the phenomenon is not widespread throughout the EU, it affects the EU as a whole. This publication reviews the solidarity measures the EU has established to support those countries most affected by irregular arrivals by sea. It will focus on the fundamental rights challenges raised by such measures but will not discuss whether these measures are sufficient and adequate for genuinely sharing the costs associated with the arrivals. This publication will also touch upon EU funding instruments and intra-EU relocation from Malta and more thoroughly describe the operational cooperation with Frontex.
Fundamental rights at Europe’s southern sea borders
March
2013

Fundamental rights at Europe’s southern sea borders

Report
This FRA report examines the conditions at Europe’s southern sea borders with respect to the most fundamental rights of a person, the right to life and the right not to be sent back to torture, persecution or inhuman treatment. It looks at sea border surveillance and disembarkation procedures, as well as training and Frontex-coordinated operations. It examines practices across the EU Member States researched – Cyprus, Greece, Italy, Malta and Spain.
Fundamental Rights Conference 2011 - Summary conclusions by the FRA
December
2011

Fundamental Rights Conference 2011 - Summary conclusions by the FRA

Conference Paper
The European Union Agency for Fundamental Rights held its annual Fundamental Rights Conference 'Dignity and rights of irregular migrants' in Warsaw on 21-22 November 2011. This paper summarises the discussions that took place during the conference and presents follow-up activities to be undertaken by FRA.
Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity in the EU Member States
June
2011

Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity in the EU Member States

Report
The European Union (EU) is founded on the values of equality and non-discrimination, and through its policies works to combat discrimination, including discrimination based on sexual orientation or gender identity. This report of the European Union Agency for Fundamental Rights (FRA) twins its research findings in the field with the relevant EU standards in a short and easy-to-read publication designed to equip those who shape policy with the information they need to develop a coherent and systematic approach to the protection of lesbian, gay, bisexual and transsexual (LGBT) rights.
Detention of third country nationals in return procedures
November
2010

Detention of third country nationals in return procedures

Report - thematic
The Fundamental Rights Agency (FRA) examined law and practice in the EU 27 on the deprivation of liberty of irregular migrants pending their removal against the applicable international human rights law framework.
Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity
November
2010

Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity

Report - comparative
This report updates the FRA comparative legal analysis of discrimination on the basis of sexual orientation and gender identity first published in June 2008. It presents the situation as it stood at the end of 2009, though information gathered in 2010 has been incorporated to the greatest possible extent. Five main trends among EU Member States can be noted from the information presented in this report.
Access to effective remedies: The asylum-seeker perspective
September
2010

Access to effective remedies: The asylum-seeker perspective

Report - thematic
Drawing on evidence from interviews with almost 900 asylum seekers, this report presents asylum-seeker experiences in submitting an appeal against a negative asylum decision. While documenting good practices, it also highlights several obstacles which make it difficult for asylum applicants to access effective remedies.
The duty to inform applicants about asylum procedures: The asylum-seeker perspective
September
2010

The duty to inform applicants about asylum procedures: The asylum-seeker perspective

Report - thematic
A fair asylum procedure is one where applicants know their rights and duties, and where they understand its different stages. The right to be informed at decisive moments of the procedure is an important element of procedural fairness. Drawing on evidence from interviews with almost 900 asylum seekers, this report examines the information that asylum seekers have on the asylum procedure. In particular, it looks at the main source of information for asylum seekers, which type of information they receive, and when and how they receive it.