La situación de los derechos fundamentales de los migrantes en situación irregular en la UE

Keywords: National migration policies, European policy

Certain fundamental social rights are only available to persons lawfully residing in a country. Irregular immigrants have no legal status and are therefore most vulnerable to exploitation and discrimination in key areas of social life. They are affected by formal barriers to the enjoyment and exercise of rights. More often, however, it is practical obstacles which discourage irregular immigrants to approach public service providers or courts for fear of being identified as irregular an consequently removed from the territory. This results, for instance, in persons in need of urgent medical treatment not seeking health care or victims of serious violations not seeking justice.

The aim of FRIM is to examine key aspects of the situation of irregular immigrants in the European Union  (EU) in order to assess the extent to which their fundamental rights are respected and protected. Areas covered by the research include health, housing, education, social care, employment status and fair working conditions and access to remedies against violations and abuse.

Furthermore, FRIM provides policymakers with a scientific basis with which to take actions required to ensure that the fundamental rights of irregular immigrants are protected. By examining current problematic situations and documenting good practices, FRIM also intends to give practitioners practicaltools to promote the rights of irregular immigrants.

The following FRIM outputs will be published and available on the FRA website ( in spring 2011:

(1) A comprehensive, comparative report on the fundamental rights situation of irregular immigrants in the EU Member States, based on desk research and a comprehensive survey of existing research, data gathered through structured questionnaire from public authorities and civil society stakeholders, legal and policy analysis;

(2) Thematic paper 1 provides overview and analysis of how EU Member States deal with protacted limbo situations affecting non-removable irregular immigrants;

(3) Thematic paper 2 provides an overview and analysis of practices used by EU Member States to detect irregular immigrants, which de facto prevent their excersise of fundamental rights;

(4) Tematic paper 3 provides an overview and analysis of selected best practices examples regarding legislation and administrative practices, as well as measures and actions by public authorities or civil society in selected non-EU Member States;

(5) A Case Study on health care will analyse data and information collected through empirical fieldwork research in 10 selected EU Member States (DE, IE, EL, ES, FR, IT, HU, PL, BE, SE); and

(6) A Case Study on irregular immigrants employed as domestic workers in 10 selected EU Member States (DE, IE, EL, ES, FR, IT, HU, PL, BE, SE).

Project duration: December 2009 -March 2011 Funded by: Fundamental Rights Agency (FRA) 
Project Coordination: Albert Kraler (ICMPD) 
Project partners: The Platform for International Cooperation on Undocumented Migrants (PICUM), Centre for European Policy Studies (CEPS)The Hellenic Foundation for European and Foreign Policy (ELIAMEP) and International Centre for Migration Policy and Development.

Contact Details

Ms. Devin M. Cahill
Project Officer- FRIM
PICUM- Platform for International Cooperation on Undocumented Migrants
Gaucheretstraat 164
1030 Brussels- Belgium

Tel: +
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