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)

Back The Turin process in the Secretary General's Report on the State of Democracy, Human Rights and the Rule of Law in Europe

Europe’s democratic shortcomings are bigger, deeper and geographically more widespread than previously understood according to the latest overview of human rights, democracy and the rule of law in the 47 Council of Europe member states.

The report, by Council of Europe Secretary General Thorbjørn Jagland, identifies the lack of judicial independence in many countries and threats to media freedom across the continent as the two biggest challenges to democratic security.

“Honest and decent courts are essential for supporting democracy and maintaining stability, yet over a third of our member countries are failing to ensure that their legal systems are sufficiently independent and impartial,” said the Secretary General.

“Media freedom, on the other hand, is under pressure across the whole continent. Journalists face physical threats in many places, anti-terror laws are being used to limit free speech and certain media arrangements unfairly favour those who are in power.”

The Secretary General’s overview – which is based on findings from the Council of Europe’s thematic monitoring bodies – identifies shortcomings in the conduct of elections, inadequate anti-discrimination rules and pressure on NGOs in many countries as further areas of concern.

As well as statistical analysis, the report includes detailed criteria for assessing different aspects of democratic security and specific plans for follow-up work – including a pan-European action plan for training legal professionals and a new three-year programme on the safety of journalists.

Strasbourg 29 April 2015
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