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

This report, based on comparative research on the fundamental rights situation of irregular migrants in Europe, advises on how fundamental rights should be incorporated in policies, laws and administrative practices affecting migrants in irregular situations.

Securing the fundamental rights of migrants in an irregular situation - those who do not fulfil conditions for entry, stay or residence in a European Union (EU) Member State - remains a challenge. Such migrants are at high risk of exploitation in the labour market, often filling market gaps by working at dangerous, dirty or degrading jobs. Their housing situation can be precarious. Their right to healthcare is unevenly protected; their children's right to education remains unclear.

While EU Member States have a right to control immigration, non-compliance with migration regulations cannot deprive migrants in an irregular situation of certain basic rights to which they are entitled as human beings. This European Union Agency for Fundamental Rights (FRA) report examines the legal and practical challenges facing EU Member States as they strive to guarantee such migrants' fundamental rights and proposes ways to incorporate those rights into the policies, laws and administrative practices that affect migrants in irregular situations.