Newsletter - May 2010 - numéro 15 (en anglais)

EU COMMISSION

 

Inclusion of non-EU nationals on municipal population registers and Returns Directive

MEP Ramon Tremosa i Balcells (ALDE) raised the question of the conditions under which non-EU nationals not holding the relevant visa for residence on EU territory may be included on its population register. In Spain, registration with the local authorities, a procedure known as “empadronamiento”, enables irregular migrants to access namely free health care. The European Commission warned the Spanish government that the practice of registering irregular migrants goes against European Law (2008/115/EC), according to which an irregular migrant, once identified, must be returned or regularized. The Spanish Interior minister replied to the EC, saying that the fight against irregular migration at the border is different from the fight against irregular migration inside the borders, adding that human rights have to be respected no matter what the status of the person is.

Sources:

Written question by Ramon Tremosa i Balcells (ALDE) to the Commission

Answer given by Ms Malmström on behalf of the Commission

Spanish Interior minister: «Los derechos de las personas se respetan, sean ilegales o no»

 

 

 

DG Justice, Liberty and Security to split

The European Commission Directorate General for Justice, Freedom and Security (DG JLS) will split in two: one new DG (Justice) will be responsible for civil and criminal justice, fundamental rights and citizenship (with Viviane Reding as Commissioner). The other DG (Home Affairs) will deal with asylum, migration, borders and security (with Cecilia Malmström as Commissioner). The partition aims to better reflect governmental structures in the Member States, where internal affairs and justice are often split between two ministries. The EU Council and the EU Parliament are not revising their organisational structure in this area.

Sources:

- EU Commission, ‘Commission creates two new Directorates General and reshuffles Senior Managers’

- OCMC, ‘Task division between Malmström – Reding’

 

 

 

Action plan on unaccompanied children

The European Commission unveiled an action plan aimed at increasing the protection of unaccompanied children entering the EU. Presenting the plan Cecilia Malmström, the EU Home Affairs Commissioner, called for “immediate action to look after unaccompanied minors, who are the most exposed and vulnerable victims of migration”. She further stressed that: “This Action Plan aims at setting up a common and coordinated approach to meet a challenge that is to increase over the coming years. It is paramount that all Member States commit to grant high standards of reception, protection and integration for unaccompanied minors.” The plan states that the best interest of the child should be mainstreamed in all relevant policies and that children should be treated as children first and foremost regardless of their nationality or legal status.

 

During a JHA Council on 3 June, the Council adopted conclusions on unaccompanied minors, stressing the importance of a global approach, which respects the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child. The Council has agreed to invite the Commission to assess whether the EU legislation on unaccompanied minors offers them sufficient protection in order to ensure adequate standards on reception and procedural guarantees for all unaccompanied minors, regardless of whether they are asylum seekers, victims of trafficking or illegal migrants, to guarantee that minors are treated as such until proven otherwise.

Sources:

- Commission action plan on unaccompanied minors

- Council conclusions on unaccompanied minors

 

 

 

First annual report of the European Pact on Immigration and Asylum

In this first annual report, the Commission, assessing progress on illegal immigration, one of the five areas of the Pact, decided that, given large numbers of illegally staying migrants who cannot be removed, it will carry out a study on their treatment and examine the need for further harmonisation.

Sources:

 

- Commission ‘First Annual Report on Immigration and Asylum’

- ‘Council conclusions on the follow-up of the European Pact on Immigration and Asylum’

 

EU COUNCIL

"Equity and Health in All Policies: Solidarity in Health"

By adopting conclusions on "Equity and Health in All Policies: Solidarity in Health", the Council invited the Commission to assess the effectiveness of interventions aimed at reducing inequalities in health. The member states are called on to implement policies aiming at ensuring a good start in life for all children, including actions to support pregnant women and parents. The member states are also urged to consider policies to ensure that citizens, and all children, young people and pregnant woman in particular, can make full use of their rights of universal access to health care, including health promotion and disease prevention services.

Source: Council conclusions on “Equity and Health in All Policies: Solidarity in Health”

 

NATIONAL DEVELOPMENTS

NETHERLANDS

 

Dutch Council for Refugees’ appeal to improve reception conditions

The Dutch Council for Refugees and seven other organizations published an appeal to the new government which will be formed after the elections to improve the reception conditions for asylum seekers and their children. The main requests include that quality of care for asylum seekers should be improved.

Sources:

- Vluchtelingenwerk Nederland, ‘Oproep aan nieuwe Kabinet: verbeter opvang asielzoekers!’

- ECRE Weekly Bulletin, 4 June 2010

 

 

 

POLAND

 

European Commission refers Poland to Court of Justice over race equality rules

The European Commission has referred Poland to the EU Court of Justice for incorrectly implementing EU rules prohibiting discrimination based on race or ethnic origin. In referring Poland to the Court, the Commission pointed out that Poland has not transposed the Directive outside the field of employment. There are no specific provisions in Polish legislation that would prohibit discrimination on grounds of race or ethnic origin with regard namely to social protection and social advantages, including social security and health care, as is requested.

Source: http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=792&furtherNews=yes

 

 

 

SPAIN

 

Two months after the Central Government criticised two municipalities, Vic and Torrejòn, for trying to prevent irregular migrants from registering themselves with the local authorities, a procedure known as “empadronamiento”, the idea of limiting this right is gaining ground.

Sources:

- Presseurop: Spain, the new Arizona

- ABC: El PP propondrá en el Parlament que los municipios denuncien a los «sin papeles»

- El País: Robledo, acusado de negar el padrón a inmigrantes en paro

- ABC: Desestimada en Girona una moción para denunciar a empadronados sin residencia

 

 

UNITED KINGDOM

 

End to child detention

Britain’s new Immigration Minister announced that children would no longer be detained. The United Kingdom has often been criticised for keeping more than 1,000 children a year in detention centres. ‘Refugee and Migrant Justice’ applauds the new government for “recognising the inhumanity of this practice which treats children like criminals when they have done no crime and can leave scars for life. We hope that this will be implemented immediately and that whatever measures are brought in to replace detention will put the welfare and safety of these children first."

Sources:

- Refugee and Migrant Justice, ‘Government pledge to end detention of children welcomed by Refugee and Migrant Justice’

- ECRE Weekly Bulletin, 21 may 2010

 

PUBLICATIONS

• Ensuring the Right of Migrant Children to Health Care: The Response of Hospitals and Health Services

The International Organisation on Migration (IOM) has released a paper entitled “Ensuring the Right of Migrant Children to Health Care: The Response of Hospitals and Health Services”. The paper addresses hospitals’ and healthcare services’ response to ensuring the right of migrant children to healthcare in relation to the provisions of the Convention on the Rights of the Child and the holistic concept of health. Providing examples of good practices by hospitals and health services in Europe in relation to challenges posed to the community, hospital management and health professionals, the paper offers case studies from Ireland, Sweden, Italy and Spain.

 

 

• ‘Comparing policies to tackle ethnic inequalities in health: Belgium 1 Scotland 4’

Ethnic-minority health is a public health priority in Europe. This study compares strategies for tackling ethnic inequalities in health from two countries, Scotland and Belgium, in which we analysed the recognition of the problem, the policies and the services and described ethnic health inequalities. Scotland has provided a more advanced and comprehensive response to tackling ethnic inequalities in health than Belgium. It has acknowledged that discrimination exists and that ethnic minority groups may have different needs. Belgium still assumes non-discrimination in health care and effectively denies the need for policy to tailor services to meet these needs. In Scotland, public organizations have been made accountable for promoting equality in health.

 

 

• ‘Becoming vulnerable in detention’

This is the final report of the DEVAS project, coordinated by JRS. The objective of the DEVAS project was to investigate and analyse vulnerability in detained asylum seekers and irregular migrants: both the way in which pre-existing vulnerable groups cope with detention, and the way in which detention can enable vulnerability in persons who do not otherwise possess officially recognised vulnerabilities and special needs. The report contains namely detailed data on physical and mental health in detention centres and ends with recommendations for Member State policymaking on the detention of irregular migrants for the purpose of removal as well as with recommendations for Member State and EU policymaking for the detention of asylum seekers.

 

Subscribe to our newsletter