FRA presented the fundamental rights risks and challenges relating to policy responses to address the instrumentalisation of migrants and refugees. It shared the main suggestions included in FRA’s recent legal analysis on Countering the instrumentalisation of migrants and refugees, and respecting fundamental rights.
FRA underlined that seven fundamental rights safeguards require particular attention when taking measures targeting instrumentalised migrants or refugees:
- The use of force must always remain necessary and proportionate.
- People in distress must be rescued and assisted.
- The principle of non-refoulement must always be respected.
- Collective expulsions are prohibited.
- Denying access to asylum procedures is unlawful.
- Deprivation of liberty requires an individual necessity and proportionality assessment.
- Authorities must pay due attention to people with specific needs.