Asylum

Patvērums, migrācija un robežas

<p>The migrant crisis has triggered challenges across Europe. FRA encourages rights-compliant responses.</p>
<p>We provide practical expertise on this complex issue. This includes regular updates, focus papers and toolkits. We outline policy alternatives and best practices.</p>

Highlights

  • Handbook / Guide / Manual
    17
    December
    2020
    Die Europäische Menschenrechtskonvention (EMRK) und das Recht der Europäischen Union
    bieten einen zunehmend bedeutenden Rahmen für den Schutz der Rechte von Ausländern.
    Das Unionsrecht zu Asyl, Grenzen und Einwanderung entwickelt sich in hoher Geschwindigkeit
    weiter. Der Umfang der Rechtsprechung des Europäischen Gerichtshofs für Menschenrechte,
    insbesondere zu den Artikeln 3, 5, 8 und 13 EMRK, ist beträchtlich. Der Gerichtshof
    der Europäischen Union wird immer häufiger aufgefordert, sich zur Auslegung der diesbezüglichen
    Bestimmungen des EU-Rechts zu äußern. Die dritte Ausgabe dieses Handbuchs
    wurde im Juli 2020 fertiggestellt. Es stellt das Unionsrecht sowie die Rechtsprechung der
    beiden europäischen Gerichtshöfe auf verständliche Art und Weise vor.
  • Report / Paper / Summary
    27
    March
    2020
    Council of Europe (CoE) and European Union (EU) Member States have an undeniable sovereign right to control the entry of non-nationals into their territory. While exercising border control, states have a duty to protect the fundamental rights of all people under their jurisdiction, regardless of their nationality and/or legal status. Under EU law, this includes providing access to asylum procedures.
  • Page
    ‘Hotspots’ are facilities set up at the EU’s external border in Greece and Italy for the initial reception, identification and registration of asylum seekers and other migrants coming to the EU by sea. They also serve to channel newly-arrived people into international protection, return or other procedures.
  • Periodic updates / Series
    18
    February
    2013
    Based on its findings and research FRA provides practical guidance to support the implementation of fundamental rights in the EU Member States. This series contains practical guidance on:
    Initial-reception facilities at
    external borders; Apprehension of migrants in an irregular situation; Guidance on how to reduce the risk of refoulement in external border management when working in or together with third countries; Fundamental rights implications of the obligation to provide fingerprints for Eurodac; Twelve operational fundamental rights considerations for law enforcement when processing Passenger Name Record (PNR) data and Border controls and fundamental rights at external land borders.
Products
4
November
2021
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.
24
September
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 January and 30 June 2021.
9
July
2021
This note sets out human rights standards stemming from both the European Convention on Human Rights and European Union (EU) law that apply to effective remedies for human rights violations at borders, together with those on complaints mechanisms and investigations into complaints of rights violations at borders.
24
June
2021
The Employers Sanctions Directive was primarily enacted to dissuade
employers from recruiting migrants in an irregular situation, but it
also contains provisions to protect workers. It facilitates access to
justice for exploited workers and sets out workers’ rights to claim
back payment of outstanding wages. The directive also contains
provisions to enhance the effectiveness of labour inspections.
This report describes how the 25 Member States bound by the
directive have been implementing its protective provisions, focusing
on the impact these provisions have on migrant workers in an
irregular situation who are victims of exploitation and other labour
law violations.
18
June
2021
The International Organization for Migration estimates that about 813 people died or went missing crossing the Mediterranean Sea to reach Europe to escape war, persecution or to pursue a better life in 2021, up to 15 June. This is an average of almost five people per day. The EU Agency for Fundamental Rights (FRA) collects data on NGO ships involved in search and rescue in the Mediterranean, legal proceedings against them, as well as difficulties in disembarking migrants in safe ports.
10
June
2021
Pamattiesību aizsardzības jomā 2020. gadā bija
vērojami gan sasniegumi, gan neveiksmes. FRA
2021. gada ziņojumā par pamattiesībām aplūkoti
galvenie jaunumi pamattiesību jomā, nosakot gan
sasniegumus, gan jomas, kas aizvien rada bažas.
10
June
2021
FRA’s Fundamental Rights Report 2021 reviews major developments in the field in 2020, identifying both achievements and areas of concern. It also presents FRA’s opinions on these developments, including a synopsis of the evidence supporting these opinions. This year’s focus chapter explores the impact of the COVID-19 pandemic on fundamental rights. The remaining chapters cover: the EU Charter of Fundamental Rights; equality and non-discrimination; racism, xenophobia and related intolerance; Roma equality and inclusion; asylum, borders and migration; information society, privacy and data protection; rights of the child; access to justice; and the implementation of the Convention on the Rights of Persons with Disabilities.
10
June
2021
This focus looks at COVID-19’s impact on fundamental
rights. It underscores that a human rights-based
approach to tackling the pandemic requires balanced
measures that are based on law, necessary, temporary
and proportional. It also requires addressing the
pandemic’s socio-economic impact, protecting the
vulnerable and fighting racism.
FRA Director Michael O'Flaherty visited the island of Samos, Greece, in April 2021 to get a sense of the reception facilities there. In this video, he acknowledges the efforts being made to improve facilities. He offers the Agency’s continued commitment to support these supports. As an example, he refers to FRA’s guidance on respecting fundamental rights at such facilities that could benefit both migrants and locals.
FRA Director Michael O'Flaherty, in his latest vlog, reflects on the migration situation at the EU’s external borders. He highlights the need for sustained joined-up efforts from all relevant bodies, including civil society, to protect the wellbeing and human rights of migrants. He underlines the importance of working with local communities as we receive migrants into our communities. He also points to room for improvement is our treatment of unaccompanied children.
26
March
2021
This note outlines how to help ensure a dignified stay for third-country nationals who are apprehended or intercepted at external borders. Specifically, FRA identifies twelve points for protection-sensitive and fundamental rights-compliant planning and design of initial-reception facilities at such borders. These are based on the agency’s work at external borders, including data collection and research activities.
FRA Director Michael O'Flaherty visited the Canary Islands in March 2021 to get a sense of the migration situation there. He highlights the need to support the Canary Islands in relocating unaccompanied children and providing clear procedures on asylum applications.
25
February
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.
18
December
2020
In 2020 (until 15 December), the International Organization for Migration estimated that about 1,054 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 almost three people per day. In the past years, a significant number of migrants in distress at sea have been rescued by civil society vessels deployed with a humanitarian mandate to reduce fatalities and bring rescued migrants to safety. Since 2018, however, national authorities initiated some 50 administrative and criminal proceedings against crew members or vessels, also seizing the latter. In some cases, rescue vessels were blocked in harbours due to flag issues or the inability to meet maritime safety-related and other technical requirements.
Handbook / Guide / Manual
17
December
2020
Die Europäische Menschenrechtskonvention (EMRK) und das Recht der Europäischen Union
bieten einen zunehmend bedeutenden Rahmen für den Schutz der Rechte von Ausländern.
Das Unionsrecht zu Asyl, Grenzen und Einwanderung entwickelt sich in hoher Geschwindigkeit
weiter. Der Umfang der Rechtsprechung des Europäischen Gerichtshofs für Menschenrechte,
insbesondere zu den Artikeln 3, 5, 8 und 13 EMRK, ist beträchtlich. Der Gerichtshof
der Europäischen Union wird immer häufiger aufgefordert, sich zur Auslegung der diesbezüglichen
Bestimmungen des EU-Rechts zu äußern. Die dritte Ausgabe dieses Handbuchs
wurde im Juli 2020 fertiggestellt. Es stellt das Unionsrecht sowie die Rechtsprechung der
beiden europäischen Gerichtshöfe auf verständliche Art und Weise vor.
8
December
2020
This report looks at fundamental rights compliance at the European Union (EU)’s
external land borders, including rivers and lakes. On 30 January 2020, the European Parliament requested the EU Agency for
Fundamental Rights (FRA) to prepare a report on these borders. It noted that the
report should focus on the correct application of the safeguards in the European
asylum acquis and the provisions of the Schengen Borders Code (Regulation
(EU) 2016/399).
6
November
2020
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 2020.
20
October
2020
The EU Fundamental Rights Agency published in 2019 its report on the ‘Integration of young refugees in the EU’. The report explored the challenges of young people who fled armed conflict or persecution and arrived in the EU in 2015 and 2016. The report is based on 426 interviews with experts working in the area of asylum and integration, as well as 163 interviews with young people, aged 16 to 24, conducted between October 2017 and June 2018 in 15 regions and cities located in six Member States: Austria, France, Germany, Greece, Italy and Sweden. The links on this page provide a summary of the information collected during this period for each country about unaccompanied children turning 18 and the change in people’s legal status once international protection is granted. These two issues had at the time been identified as moments requiring sufficient, consistent and systematic support, particularly from lawyers, social workers and guardians, to ensure successful integration.
This video statement by FRA Director Michael O’Flaherty was recorded on 15 October 2020 at the Moria migration facility that was destroyed by fire in September 2020.
This video statement by FRA Director Michael O’Flaherty was recorded on 14 October 2020 at the temporary facility at Mavrovouni. This temporary camp was built to re-house people after the fire at the Moria migration facility on the island of Lesbos, in Greece.