This paper examines two fundamental social rights belonging to irregular migrants: the right to work and the right to healthcare. Even though there is a lack of specific legal provisions directly applicable to this social category, the general ones, such as the Charter of Fundamental Rights of the European Union, the International Covenant on Economic, Social and Political Rights, also concern undocumented migrants. They are analyzed from general to particular taking into consideration broad terms such as “all”, ‘every”, “everyone”, which include the specific category of undocumented migrants. The existent case law, although characterized by scarcity because of the migrants’ fear of being deported when lodging claims in courts, emphasizes the fact that this social category also has rights and these rights are recognized and defended in national and European courts. The obstacles in accessing fundamental rights are also analyzed. The practical implications are taken into consideration. Ideas to improve the exercise of fundamental rights to work and healthcare by irregular migrants are suggested at the end of every chapter. Being human beings, they have the right to social protection regardless of their status.
Table of Contents
1. Introduction
1.1 General considerations
1.2 The notion of “irregular” migrant
2. The fundamental right to work
2.1 The Charter of Fundamental Rights of the European Union;
2.2 International Covenant on Economic, Social and Cultural Rights;
2.3 The ILO Conventions;
2.4 Legal provision with regard with remunerations; practice of the different EU Member States; obstacles in obtaining the monthly wages;
2.5 Ideas for improving the access of irregular migrants to the fundamental right to work
3. The fundamental right to healthcare
3.1 The Charter of Fundamental Rights of the European Union
3.2 The International Covenant on Economic, Social and Cultural Rights
3.3 Other Legal Provisions
3.4 Obstacles in accessing the right to healthcare; different practices of the EU Member States;
3.5 Ideas for improving the access of irregular migrants to the fundamental right to healthcare
4. Conclusions
Objectives and Research Themes
This paper examines the fundamental social rights of irregular migrants within the European Union, specifically focusing on the rights to work and healthcare, and analyzes the legal and practical barriers to accessing these rights despite existing international and EU legal frameworks.
- Analysis of legal provisions regarding the right to work and healthcare for irregular migrants.
- Evaluation of the practice of EU Member States in providing access to social rights.
- Examination of obstacles and practical barriers to exercising fundamental social rights.
- Development of proposals and ideas to improve access to employment and healthcare for undocumented individuals.
Excerpt from the Book
1.1 General considerations
This dissertation focuses on the fundamental rights to work and healthcare of irregular migrants within the EU territory. It covers aspects such as the notion of “regular” and “irregular” immigration. The first chapter aims to answer the question “who is an irregular migrant”, covering a whole spectrum which includes: peoples who arrive in the respective Member State through clandestine routes, those who stayed over their allowed residence period, immigrants who work without a valid stay or work permit or access healthcare without possessing a national health insurance or without fulfilling other legal requirements. This notion also includes people who possess and use false documents in order to enter a certain EU Member State or those regularized who regress again into an irregular status. The concept is often outlined in opposition with the notion of regularity.
The second chapter presents the most important legal provisions applicable through analogy to irregular migrants when exercising the right to work: the Charter of Fundamental Rights of the European Union, the International Covenant on Economic, Social and Cultural Rights, various international conventions and secondary EU legislation. The practice of different EU Member States in regard to the use of the right to work, distinct obstacles encountered by irregular immigrants when exercising this right and ideas for improving their access to the fundamental right to work are analyzed.
Similarly, the third chapter, in relation to different practices of the EU Member States, complies with the same structure by examining legal provisions, then obstacles in accessing the right to healthcare. Ideas for improving the access of undocumented migrants to the fundamental right to healthcare are also presented at the end of this chapter.
Summary of Chapters
1. Introduction: This chapter provides an overview of the scope of the dissertation, defines the core terminology concerning irregular migrants, and outlines the research structure regarding the rights to work and healthcare.
2. The fundamental right to work: This chapter analyzes the legal framework and practical implementation of the right to work for irregular migrants, discussing international and EU-level provisions, obstacles in practice, and recommendations for improvement.
3. The fundamental right to healthcare: This chapter evaluates the legal basis for healthcare access for irregular migrants and investigates the significant administrative and practical barriers encountered in different EU Member States.
4. Conclusions: This chapter summarizes the findings, highlighting the lack of specific provisions for irregular migrants and the necessity for policy reform and improved implementation to ensure these fundamental rights are truly realized.
Keywords
Irregular migrants, undocumented migrants, fundamental rights, right to work, right to healthcare, European Union, EU Charter of Fundamental Rights, social protection, immigration policy, legal protection, labour rights, access to healthcare, non-discrimination, regularization, human rights.
Frequently Asked Questions
What is the primary focus of this academic work?
The work focuses on two fundamental social rights for irregular migrants within the EU: the right to employment and the right to healthcare.
Which social groups are identified as the main subject of this analysis?
The subject is specifically irregular, undocumented, or illegally staying migrants residing within the territory of EU Member States.
What is the central research question?
The paper asks how fundamental social rights—which are broad and generally applicable—can be effectively protected and exercised by undocumented migrants, despite the lack of specific legal provisions directly targeting this group.
What methodology does the author use?
The author employs a legal analysis, examining the Charter of Fundamental Rights of the European Union, international covenants (such as the ICESCR and ILO conventions), and comparing national practices and case law across EU Member States.
What is covered in the main body of the text?
The main body systematically examines the legal instruments supporting the rights to work and healthcare, analyzes the practical obstacles (such as fear of deportation and lack of clear legislation), and proposes actionable solutions for policy improvement.
Which key terms characterize this research?
Key terms include "irregular status," "fundamental rights," "social protection," "non-discrimination," and "legal enforcement."
How does the author characterize the role of national vs. EU law?
The author argues that while the EU sets a framework, national practice is the primary determinant for accessing these rights, which often creates significant disparities for irregular migrants.
What conclusions does the author draw regarding judicial protection?
The author concludes that irregular migrants are largely underrepresented in courts due to fear of reprisal, and that national legislation is often insufficient or ambiguous, necessitating urgent reform.
Why is the "Siliadin v. France" case significant in this work?
It is cited as an example demonstrating that national courts may fail to recognize abuses against migrants, and that specific training is required for judicial authorities to better address such cases.
What role do NGOs play in the author's proposed solutions?
The author advocates for an increased role for NGOs and trade unions in providing legal aid, counselling, and representation to help irregular migrants navigate the system safely.
- Quote paper
- Alina Alexe (Author), 2013, The fundamental rights of irregular migrants in the European Union, Munich, GRIN Verlag, https://www.grin.com/document/356128
