COUNCIL of EUROPE
“Criminalising the irregular entry and presence of migrants in Europe corrodes established international law principles and causes many human tragedies without achieving its purpose of genuine control. States have a legitimate interest to control their borders, but criminalisation is a disproportionate measure which causes further stigmatisation and marginalisation of migrants. Immigration offences should remain administrative in nature.” said Thomas Hammarberg, the Council of Europe Commissioner for Human Rights, presenting an Issue Paper on this topic.
This Issue Paper examines systematically the human rights implications of the criminalisation of migration in Europe. It analyses the external border crossing, migrants’ residence and protection of their social rights including employment, as well as asylum and detention. It concludes with a number of recommendations to Council of Europe member states, as a starting point to ensure the correct intersection of human rights standards and the treatment of foreign nationals.