Migration: Key fundamental rights concerns - Bulletin 1 - 2022

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 (FRA) regularly collects data on the operations of NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as on any difficulties in disembarking migrants in safe ports. The International Organization for Migration estimates that from January to 15 June 2022 about 842 people died or went missing while crossing the Mediterranean Sea to reach Europe to escape war or persecution, or to pursue a better life. This is an average of five people per day.

The EU Agency for Fundamental Rights (FRA) regularly collects data on NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as any difficulties disembarking migrants in safe ports. The International Organization for Migration estimates that from January to 10 December 2021 about 1,654 people have died or gone missing while crossing the Mediterranean Sea to reach Europe to escape war or persecution or to pursue a better life. This is an average of more than four people per day. Deadly incidents have also occurred recently in the Channel (La Manche).

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 July and 30 September 2021.

Since 2014, FRA has been publishing an annual update of the forced return monitoring systems EU Member States have set up under Article 8 (6) of the EU’s Return Directive. This overview describes different indicators for an effective forced return monitoring system. It includes the organisation responsible for monitoring forced return, the number of operations monitored in 2020, the phases of monitored return operations, the number of staff trained and working as monitors, and whether the monitoring body issued public reports about their monitoring.

This report sheds light on the realities faced by unaccompanied migrant children who are not in the care of child protection systems in the EU. Presented as a case study, it tells the story of children and young adults from Pakistan who travelled alone to the EU without their parents or other adults.

This report outlines to what extent legal aid is available to those held in pre-removal detention in the 27 EU Member States, and in North Macedonia and Serbia, during procedures related to their return. These involve decisions on return, on detention pending removal, the removal itself and on bans on entry. The report also examines when people are entitled to free legal aid and how this aid is funded, as well as who provides representation and various factors that limit the scope of legal aid.

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 January and 30 June 2021.

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 2020.

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.