The European Convention on Human Rights and European Union law provide an increasingly important framework for the protection of the rights of foreigners. European Union legislation relating to asylum, borders and immigration is developing fast. There is an impressive body of case law by the European Court of Human Rights relating in particular to Articles 3, 5, 8 and 13 of the ECHR. The Court of Justice of the European Union is increasingly asked to pronounce on the interpretation of European Union law provisions in this field. The third edition of this handbook, updated up to July 2020, presents this European Union legislation and the body of case law by the two European courts in an accessible way.
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).
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.
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.
Business activity affects not just customers, employees, and contractors along supply chains, but often entire communities and the environment. This makes it vital that every business complies with human rights. This comparative report looks at the realities victims face when they seek redress for business-related human rights abuses. It presents the findings of fieldwork research on the views of professionals regarding the different ways people can pursue complaints. The findings highlight that obstacles to achieving justice are often multi-layered.
This report presents findings from FRA’s 2019 survey on Roma and Travellers in Belgium, France, Ireland, the Netherlands, Sweden and the United Kingdom. The survey included interviews with almost 4,700 Roma and Travellers, collecting information on more than 8,200 individuals living in their households.
In his latest vlog, FRA Director Michael O'Flaherty speaks about the devastating effects of the Covid-19 pandemic on the Roma community. Roma children are in danger of losing almost a whole year of schooling. It’s like losing a generation. It’s robbing children of the one place where they can have hope and dream the same dreams of every other child.
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 April and 30 June 2020.
This practical guidance addresses border-management staff in European Union (EU) Member States who work at the operational level. It aims to support them in implementing the fundamental rights safeguards of the Schengen Borders Code (Regulation (EU) No. 2016/399) and related EU law instruments in their daily work, when carrying out controls at external land borders.
The EU Return Directive introduced an important fundamental rights safeguard for third-country nationals ordered to leave the EU because they do not or no longer fulfil the conditions for entry and/or stay. According to the Directive, Member States must provide for an effective forced-return monitoring system.
FRA’s Fundamental Rights Survey collected data from 35,000 people
about their experiences, perceptions and opinions on a range of
issues that are variously encompassed by human rights. This report
presents a small selection of the survey results. It focuses on findings
with respect to respondents’ opinions about human – or fundamental
– rights; their views and perceptions on the functioning of democratic
societies – as a pillar on which human rights can flourish; and on their
thoughts on and engagement with public services that have a duty
to enforce human rights law and to protect people’s rights.
This focus takes a closer look at the application of the Charter of Fundamental Rights of the European Union, which has been legally binding for 10 years. At EU level, it has gained visibility and sparked a new fundamental rights culture. At national level, awareness and use of the Charter are limited. Courts increasingly use the Charter, showing the impact of this modern instrument. But its use by governments and parliaments remains low. For instance, there is little indication of anyone regularly scrutinising national legislation that transposes EU law for compatibility with the Charter.
The year 2019 brought both progress and
setbacks in terms of fundamental rights protection.
FRA’s Fundamental Rights Report 2020 reviews
major developments in the field, identifying both
achievements and remaining areas of concern.
This publication presents FRA’s opinions on the main
developments in the thematic areas covered, and a
synopsis of the evidence supporting these opinions.
In so doing, it provides a compact but informative
overview of the main fundamental rights challenges
confronting the EU and its Member States.
The EU Agency for Fundamental Rights has been regularly collecting data on 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 large migration movements. It addresses key fundamental rights concerns between 1 January and 31 March 2020.
This report presents select findings from FRA’s 2019 survey on LGBTI people in the EU and North Macedonia and Serbia. With almost 140,000 participants, it is the largest survey of its kind. It follows the agency’s first survey on LGBT people in the EU, conducted in 2012. The new survey results show little progress over the past seven years.
In recent years, thousands of girls and boys have reached Europe without their parents, and sought international protection. Many of them experienced violence, abuse and neglect in their home countries, and while in transit. They have the right to be protected in line with the provisions of the UN Convention on the Rights of the Child, the European Convention on Human Rights, and European Union law. This report explores the challenges and good practices gathered in the implementation of such relocation programmes. Based on information FRA collected in 10 EU Member States, it aims to help national authorities to support the relocation of unaccompanied children by taking measures that are fully rights compliant and practically feasible.
Based on the lessons learned from relocation
experiences and on existing international and EU legal
standards, FRA has developed a number of practical
suggestions for the adjustment of relocation efforts to
the protection needs of unaccompanied children. This
guidance aims to be a practical tool for Member States
that wish to engage in the relocation of unaccompanied
children and in any future responsibility-sharing
mechanisms, and to gain knowledge on how this can
be done while respecting the child’s best interests.
Children in migration are more vulnerable than adults, particularly when they are unaccompanied. Their vulnerability makes them more exposed to violence, exploitation and trafficking in human beings, as well as physical, psychological and sexual abuse. This report looks into challenges to the fundamental rights of children in migration throughout 2019. It pulls together the main issues identified in FRA’s Quarterly Bulletins on migration in selected EU Member States.
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.
The EU Agency for Fundamental Rights (FRA) urges Member States to agree on a simple and practical workflow as soon as possible, to avoid lack of clarity and delays in the relocation process. This paper provides practical suggestions on relocation of unaccompanied children from Greece, building on lessons learned from previous mandatory and voluntary relocation schemes. The paper provides FRA input on the initiative of the European Commission and a group of Member States to relocate unaccompanied children.