Fundamental rights of migrants in an irregular situation in the European Union

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FRA, European Union Agency for Fundamental Rights

The objective of this report is to provide an overview of the extent to which the fundamental rights of migrants in an irregular situation are legally protected within the EU. It describes the related legislation and policies of the 27 EU Member States. Additionally, it illustrates practical challenges which can become obstacles to the enjoyment of entitlements existing under national law. The report focuses on the selection of civil, social and and economic rights which have been grouped in six thematic areas. It deals first with the fundamental rights implication of immigration law enforcement before examining workers’ rights, access to housing and social assistance, healthcare and education. The last chapter is devoted to family life. The FRA selected these areas in order to cover those aspects that are considered particularly important to migrants’ everyday lives. An analysis of the applicable international and European human rights framework as well as relevant EU law sets the foundation for a comparative analysis

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