Commissioner for Human Rights - Strasbourg - 20 August 2015

Without papers but not without rights: the basic social rights of irregular migrants

“Those who think that irregular migrants have no rights because they have no papers are wrong. Everyone is a holder of human rights regardless of their status. It is easy to understand that the prohibition of torture protects all people but we should also be aware of the fact that basic social rights are also universal, because their enjoyment constitutes a prerequisite for human dignity. Therefore, member states of the Council of Europe should stand by their obligations to protect the basic social rights of everyone under their jurisdiction, and this includes irregular migrants, says Nils Muižnieks, Council of Europe Commissioner for Human Rights, in his latest Human Rights Comment published today.

Migrants can be in an irregular situation because they have entered a country, or stayed in a country, in an unauthorised way. Their situation may become irregular because they overstay an authorised period which can last several years. Due to the very nature of irregular migration, it is difficult to estimate the number of irregular migrants currently living in Europe, though the figure undoubtedly runs into the millions. (continue reading)

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