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T +33(0)388412560 www.coe.int [email protected] |
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Ref. DC 083(2016) Irregularly present migrants: “firewalls” needed to prevent denying human rights through sharing personal data Strasbourg, 10.05.2016 – To prevent state and private sector actors from effectively denying migrants’ human rights, social services providers must be prohibited from sharing the personal data of irregularly present migrants with immigration authorities, says the Council of Europe’s anti-discrimination body in the new set of policy recommendations to European governments issued today. With these recommendations, the European Commission against Racism and Intolerance (ECRI) seeks to support states in addressing a pressing issue of discrimination against individuals – women, men and children - who do not, or no longer, fulfil the conditions under national law for entry or stay in a member State of the Council of Europe. “All migrants, including those who are irregularly present, have fundamental human rights which must be guaranteed in law and practice, without discrimination, while these people are within the jurisdiction of member States,” said the Secretary General of the Council of Europe Thorbjorn Jagland. “People should be treated as human beings regardless of their legal status.” The recommendations outline ways to ensure that these rights are respected in the areas of education, health care, housing, social security and assistance, labour protection and justice. “States must create clear ‘firewalls’ to separate the work of social services providers from immigration control and enforcement activities”, Secretary General added. “Situations where, for instance, medical doctors are obliged to report on suspected irregular migrants should not result in a denial of the migrants’ rights to healthcare,” Jagland stressed. Christian Ahlund, ECRI’s Chair, warned against encouraging intolerance and racism through criminalising social and humanitarian assistance to irregular migrants. “It is highly counterproductive to the delivery of human rights to establish an ‘offence of solidarity’, and it discourages irregular migrants from seeking out services, including urgent medical care.” ECRI calls on States to comply with their specific obligations in relation to irregularly present migrant children and guarantee them access to education, immunisation, paediatric care and adequate shelter. Contact : Tatiana Baeva, Spokesperson/Media officer, tel. +33 388 41 21 41 |
