Legal aid for returnees deprived of liberty

Over the span of nearly eight years, there have been developments in showing respect for the human rights of those who arrive at the EU’s borders. Russia’s war of aggression against Ukraine has shown how a large and sudden influx of people can be managed effectively and respectfully. Notwithstanding the improvements, the growing number of people crossing or attempting to enter the EU pose a wide range of fundamental rights challenges.

In this bulletin, FRA takes stock of concerns and improvements regarding the fundamental rights of migrants, asylum seekers and refugees. It highlights the EU Member States’ legal and practical responses. It identifies key trends, promising practices, long-standing and emerging patterns, and persistent concerns.

The EU Agency for Fundamental Rights has been regularly collecting data on asylum and migration since September 2015. This report focuses on the fundamental rights situation of people arriving in Member States and EU candidate countries particularly affected by migration. It addresses fundamental rights concerns between 1 October and 31 December 2021.

The European Convention on Human Rights and European Union law provide an increasingly important framework for the protection of the rights of foreigners. European Union legislation relating to asylum, borders and immigration is developing fast. There is an impressive body of case law by the European Court of Human Rights relating in particular to Articles 3, 5, 8 and 13 of the ECHR. The Court of Justice of the European Union is increasingly asked to pronounce on the interpretation of European Union law provisions in this field. The third edition of this handbook, updated up to July 2020, presents this European Union legislation and the body of case law by the two European courts in an accessible way.

Individuals who are not entitled to stay in the European Union are typically subject to being returned to their home countries. This includes children who are not accompanied by their parents or by another primary caregiver. But returning such children, or finding another durable solution, is a delicate matter, and doing so in full compliance with fundamental rights protections can be difficult. This focus paper therefore aims to help national authorities involved in return-related tasks, including child-protection services, to ensure full rights compliance.

Up to one third of migrants arriving in the European Union since the summer of 2015 have been children. The current emphasis on speedier asylum processing and making returns more effective may trigger increased use of immigration detention, possibly also affecting children. The detention of children implicates various fundamental rights and will only be in line with EU law if limited to exceptional cases. This report aims to support practitioners in implementing relevant polices in line with applicable law by outlining available safeguards against unlawful and arbitrary detention and highlighting promising practices.

The EU Agency for Fundamental Rights 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.