The fundamental rights of irregular migrants in the European Union

The fundamental right to work, the fundamental right to healthcare

Essay , 2013 , 55 Pages , Grade: merit

Law - European and International Law, Intellectual Properties

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.

Inhaltsverzeichnis (Table of Contents)

• Introduction
• General considerations
• The notion of “irregular” migrant
• The fundamental right to work
• The Charter of Fundamental Rights of the European Union
• International Covenant on Economic, Social and Cultural Rights
• The ILO Conventions
• Legal provision with regard with remunerations; practice of the different EU Member States; obstacles in obtaining the monthly wages
• Ideas for improving the access of irregular migrants to the fundamental right to work
• The fundamental right to healthcare
• The Charter of Fundamental Rights of the European Union
• The International Covenant on Economic, Social and Cultural Rights
• Other Legal Provisions
• Obstacles in accessing the right to healthcare; different practices of the EU Member States
• Ideas for improving the access of irregular migrants to the fundamental right to healthcare
• Conclusions

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This paper examines the fundamental rights to work and healthcare of irregular migrants within the European Union. It analyzes the legal provisions and practical implications of these rights, focusing on the challenges faced by irregular migrants in accessing them. The paper also explores ways to improve the exercise of these rights by irregular migrants.

• The legal framework for the fundamental rights of irregular migrants in the EU
• The obstacles faced by irregular migrants in accessing the right to work and healthcare
• The practice of different EU Member States in regard to the rights of irregular migrants
• Ideas for improving the exercise of fundamental rights by irregular migrants
• The need for reform and legislative measures to better protect the rights of irregular migrants

Zusammenfassung der Kapitel (Chapter Summaries)

• Introduction: This chapter defines the concept of “irregular” migrant and outlines the scope of the paper, focusing on the fundamental rights to work and healthcare. It discusses the challenges of defining and addressing the needs of this diverse group.
• The fundamental right to work: This chapter examines the legal provisions applicable to irregular migrants in relation to the right to work, including the Charter of Fundamental Rights of the European Union, the International Covenant on Economic, Social and Cultural Rights, and various international conventions. It analyzes the practice of different EU Member States and the obstacles faced by irregular migrants in accessing this right. The chapter concludes with suggestions for improving the access of irregular migrants to the fundamental right to work.
• The fundamental right to healthcare: This chapter explores the legal provisions, obstacles, and practices regarding the right to healthcare for irregular migrants in the EU. It examines the Charter of Fundamental Rights of the European Union, the International Covenant on Economic, Social and Cultural Rights, and other relevant legal provisions. The chapter concludes with suggestions for improving the access of irregular migrants to the fundamental right to healthcare.

Schlüsselwörter (Keywords)

Irregular migrants, fundamental rights, right to work, right to healthcare, European Union, legal provisions, obstacles, access, practice, Member States, reform, legislation, human rights, social protection.

• College: Queen Mary University of London (Law Department)
• Course: LLM
• Grade: merit
• Author: Alina Alexe (Author)
• Publication Year: 2013
• Pages: 55
• Catalog Number: V356128
• ISBN (eBook): 9783668420670
• ISBN (Book): 9783668420687
• Language: English
• Tags: european, union, irregular migrants, fundamental rights, human rights