Newsletter - 18 Décembre 2010 - numéro 21 (en anglais)
EU DEVELOPMENTS
PARLIAMENT
Resolution on the situation of fundamental rights in the European Union
The Parliament adopted, during its 15 December 2010 plenary session, a "resolution on the situation of fundamental rights in the European Union (2009) - effective implementation after the entry into force of the Treaty of Lisbon". Among the "many outstanding issues and specific cases of violation of fundamental rights, which require urgent concrete steps, mid-term strategies and long-term solutions, as well as follow-up by EU institutions", the following are mentioned: "(...)
- securing the rights of all persons present in the EU territory, irrespective of citizenship;
- protecting the rights of refugees and migrants, ensuring that EU management of migration flows and negotiations on readmission agreements with third countries do not put such individuals at risk of human rights violations;
- promoting EU asylum and immigration policies in accordance with the values and principles set out in the treaties, the Charter and the ECHR;
- protecting the rights of irregular migrants in the EU".
Public hearing on access to healthcare for undocumented migrants
On 8 December, a public hearing on access to healthcare for undocumented migrants, initiated by MDM/HUMA network together with PICUM, EAPN and the European Women's Lobby, has been hosted by several EP political groups. MEPs joined NGOs in urging Member States to tackle health inequalities in access to healthcare for undocumented migrants.
Members of the European Parliament (MEPs) from across the political spectrum were confronted with evidence of substantial inequalities in access to healthcare across the EU. The hearing highlighted how undocumented migrants - including undocumented pregnant women and their children - are threatened by both legislative and practical barriers when trying to access healthcare. MEPs joined MDM, the HUMA network, PICUM, EWL and EAPN to call on European and national decision-makers to take action to protect the rights and health of these vulnerable groups, ensuring equitable access to healthcare for all, and implementing concrete policies with no discrimination linked to administrative status or financial resources.
COUNCIL
Progress on the establishment of a Common European Asylum System (CEAS)
The Council addressed the establishment of a Common European Asylum System (CEAS) on several occasions. The CEAS includes a package of six legislative proposals which EU member states have committed to adopt by 2012. During the latest Justice and Home Affairs meeting, four of those six proposals have been identified as priority instruments: the Qualification and Long Term Residents Directives and the Regulations on Dublin II and Eurodac. On the other two legislative files that are part of the overall package, namely the Reception and Procedures Directives, the Commission announced its intention to submit in 2011 amended proposals.
Source: Justice and Home Affairs Council, 2-3 December 2010, Background note
UNITED NATIONS
UN human rights chief urges States to end discrimination against migrants
The top United Nations human rights official has urged States to end the criminalisation of irregular migrants and to reduce barriers to human mobility by expanding channels for legal migration, deploring the discrimination, abuse and exploitation many migrants are subjected to. "Although States have legitimate interests in securing their borders and exercising immigration controls, such concerns do not trump the obligations of the State to respect the internationally guaranteed rights of all persons," Navi Pillay, the UN High Commissioner for Human Rights, said on 10 November in a speech to the 4th Global Forum on Migration and Development.
Source: UN News Centre
European leaders urged to ratify the migrant workers convention
On the 17th December - eve of International Migrants Day, a delegation of international and European civil society organizations and trade unions delivered a petition to the Belgian EU Presidency urging the EU Member States to ratify the UN Migrant Workers Convention. Over 6000 signatures were collected since July 2010, in a petition campaign that was launched by December 18 and the European Platform for Migrant Workers Rights (EPMWR). Amongst the signatories, a total of 68 Members of the European Parliament, from 5 different political groups and from 24 Member States, signed the call for ratification.
The UN Migrant Workers Convention, which this year marks its 20th anniversary, inter alia promotes decent working and living conditions for all migrant workers.
The full list of signatures can be found at www.migrantsconvention.eu
Source: December18
NATIONAL DEVELOPMENTS
BELGIUM
Asylum seekers left homeless
The cold winter weather has brought to the forefront of discussions the issue of reception of asylum seekers. This month, the thermometer reached -10°C, and there are nearly 7,000 homeless asylum seekers: emergency housing still lacks and the new places promised by the government are still to be opened. NGOs are mobilised, but the situation is such that UNHCR accused the country of "dragging its feet in a humanitarian crisis".
Source: ECRE Weekly Bulletin 10 December 2010
Falsified medical certificates for asylum seekers?
Undocumented migrants as well as asylum seekers may apply for a one-year renewable residence permit on medical grounds. Whenever their application is found to be admissible, the applicants will receive a temporary residence permit, before it is decided on its merits. A doctor, who supplied over 500 medical certificates - mainly for his fellow-countrymen -, to start such procedure, has recently been arrested, being suspected of human trafficking, and hundreds of files have been seized. Applications for a residence permit on medical grounds have risen from 392 in 2006 to over 8.000 in 2009.
Source: De Morgen, Megafraude met medische attesten asielzoekers
FRANCE
Restricting access to state medical aid
While the national assembly had voted many restrictions to 'State medical aid' ('Aide médicale d'État' or AME) in November, the French senate had voted against those same restrictions in early December. Therefore, the 'Joint commission', composed half of national assembly and half of senate members, had to make the final decision. On 13 December, it decided to adopt the various restrictions to 'State medical aid'.
Source : ODSE, Réforme en cours de l'Aide médicale d'État
PUBLICATIONS
- EU must remain open to migration
An article by Cecilia Malmström, European commissioner for home affairs, and László Andor, European commissioner for employment, social affairs and inclusion, in which they stress that it is "only by being open to the rest of the world can the EU resist becoming intolerant, stagnant and self-aggrandising".
Source: EuropeanVoice.com
Frontex has released the results of its first Tailored Risk Analysis into unaccompanied minors in European migration. The analysis, conducted in response to a request by the European Commission, was intended to identify the extent and nature of the phenomenon, the profile of groups most at risk, the 'pull' and 'push' factors involved and the Member States most concerned, as well as providing a medium-term forecast of trends and offering recommendations for action.
- "Denunciation of undocumented migrants by health staff members in the Czech Republic: current development" by Marie Jelinkova, from Multikulturni Center Praha.
In this report, the World Health Organization maps out what countries can do to modify their financing systems so they can move more quickly towards this goal - universal coverage - and sustain the gains that have been achieved. The report builds on new research and lessons learnt from country experience. It provides an action agenda for countries at all stages of development and proposes ways that the international community can better support efforts in low income countries to achieve universal coverage and improve health outcomes.
Medical tourism involves patients intentionally leaving their home country to access non-emergency health care services abroad. Growth in the popularity of this practice has resulted in a significant amount of attention being given to it from researchers, policy-makers, and the media. Yet, there has been little effort to systematically synthesize what is known about the effects of this phenomenon. This article presents the findings of a scoping review examining what is known about the effects of medical tourism in destination and departure countries.
Rory Johnston & al., International Journal for Equity in Health - November 2010, 9:24 doi:10.1186/1475-9276-9-24
- The Fundamental Rights Agency has published two reports in the area of child rights:
Separated, Asylum-seeking Children in European Union Member States
The FRA interviewed more than 300 separated, asylum-seeking children (claiming international protection from persecution) and the adults responsible for their care. The interviews took place in 12 EU Member States - Austria, Belgium, Cyprus, France, Hungary, Italy, Malta, The Netherlands, Poland, Spain, Sweden and the United Kingdom (UK). The interview results reveal that the fundamental rights of these children are frequently violated. Separated, asylum-seeking children, who are under State care, often live in accommodation that is unsuitable for them - including in detention, even if they have not committed a crime. They are frequently unable to access quality medical care and education or training opportunities.
In order to measure to what extent the rights of the child are respected, protected and fulfilled in the European Union, the Fundamental Rights Agency is working together with governments of the EU Member States to develop indicators. These serve as benchmarks, which provide an indication of the progress being made in legislation and policy protecting the rights of children, as well as measuring outcome - how well rights are being respected in practice.
PAST EVENTSDoctors of the World UK hosted two conferences in November, entitled: ‘Ensuring access to healthcare for the community's most vulnerable migrants in the age of austerity'.
Healthcare professionals were urged to sign a petition to improve access to healthcare for migrants. Delegates heard Dr. Evan Harris, Vice Chair of the Liberal Democrat Policy Committee, propose concrete and practical ways of influencing health policy. They also heard Sara Collantes from HUMA (Health for Undocumented Migrants and Asylum Seekers network) who gave a thorough overview of access to health for migrants in other European countries. The conference workshops addressed three key issues: 1) What the White Paper means for migrants; 2) How healthcare professionals can influence policy; and 3) How GPs can help reduce barriers to accessing healthcare. As a result of the day's discussions, Doctors of the World UK compiled a list of suggestions for taking the next steps.