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Fit for purpose? The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants: 2018 update

21-12-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the PETI Committee, aims to update the 2016 study “Fit for purpose? The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants”. It takes stock of and examines the latest developments that have taken place since 2016, specifically the legislative and policy changes, along with various forms and cases of criminalisation of ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the PETI Committee, aims to update the 2016 study “Fit for purpose? The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants”. It takes stock of and examines the latest developments that have taken place since 2016, specifically the legislative and policy changes, along with various forms and cases of criminalisation of humanitarian actors, migrants’ family members and basic service providers. The study uses the notion of ‘policing humanitarianism’ to describe not only cases of formal prosecution and sentencing in criminal justice procedures, but also wider dynamics of suspicion, intimidation, harassment and disciplining in five selected Member States – Belgium, France, Greece, Hungary and Italy. Policing humanitarianism negatively affects EU citizens’ rights – such as the freedom of assembly, freedom of speech and freedom of conscience. When civil society is effectively (self-)silenced and its accountability role undermined, policies to combat migrant smuggling may be overused and give rise to serious breaches of the EU’s founding values, notably the rule of law, democracy and fundamental rights. Moreover, policing humanitarianism negatively affects wider societal trust and diverts the limited resources of law enforcement from investigating more serious crimes.

Awtur estern

Sergio CARRERA (scientific coordinator), CEPS and the Migration Policy Centre – European University Institute Lina VOSYLIUTE, CEPS Stephanie SMIALOWSKI, CEPS Dr Jennifer ALLSOPP, Postdoctoral Research Fellow, Migration Leadership Team, London International Development Centre, SOAS University of London Gabriella SANCHEZ, Migration Policy Centre – European University Institute

Contemporary forms of slavery

20-12-2018

This briefing aims to clarify the concept of contemporary forms of slavery and analyse the legal obligations of States, as well as recent international developments at global and EU levels. It highlights the inconsistent application of the concept by global governance actors and discusses the inclusion of various exploitative practices within this conceptual framework. It also examines the prevalence of contemporary forms of slavery and assesses the policy framework for EU external action. The briefing ...

This briefing aims to clarify the concept of contemporary forms of slavery and analyse the legal obligations of States, as well as recent international developments at global and EU levels. It highlights the inconsistent application of the concept by global governance actors and discusses the inclusion of various exploitative practices within this conceptual framework. It also examines the prevalence of contemporary forms of slavery and assesses the policy framework for EU external action. The briefing then recommends possible action by the EU, including: promotion of a more consistent definition and use of the concept of contemporary forms of slavery and further clarifications on the relationship with the human trafficking and forced labour frameworks; a role for the EU as catalyst in achieving the Sustainable Development Goals and Targets in the field of all contemporary forms of slavery; support for standardising methods of data collection globally. Finally, the paper invites the EU to assess the possibility of drafting a new treaty on contemporary forms of slavery, as a way to fill some existing loopholes at the international level.

Awtur estern

Silvia SCARPA

FEMM Mission to Italy - 17-19 December 2018

13-12-2018

The FEMM Committee requested the Policy Department for Citizens’ Rights and Constitutional Affairs to provide a briefing for a mission to Italy (17-19 December 2018). The focus of this FEMM mission is on conscientious objection to abortion in Italy and the trafficking of migrant women for prostitution in Italy. This briefing provides background information on both subjects.

The FEMM Committee requested the Policy Department for Citizens’ Rights and Constitutional Affairs to provide a briefing for a mission to Italy (17-19 December 2018). The focus of this FEMM mission is on conscientious objection to abortion in Italy and the trafficking of migrant women for prostitution in Italy. This briefing provides background information on both subjects.

The vulnerability of women migrant workers in agriculture and the EU: the need for a Human Rights and Gender based approach

14-05-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs at the request of the Committee on Women’s Rights and Gender Equality, explores the working conditions of migrant women in agriculture in the EU, focusing on some case studies in Italy and Spain. In particular, it aims to examine the factors that render women vulnerable to exploitation, paying attention to gendered dynamics and power relations. The study contends that to prevent ...

This study, commissioned by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs at the request of the Committee on Women’s Rights and Gender Equality, explores the working conditions of migrant women in agriculture in the EU, focusing on some case studies in Italy and Spain. In particular, it aims to examine the factors that render women vulnerable to exploitation, paying attention to gendered dynamics and power relations. The study contends that to prevent and combat exploitation in agriculture it is necessary to implement concerted actions aimed at tackling, from a human rights and gender perspective, the structural factors of a socio-economic system which fosters and relies on workers’ vulnerability.

Awtur estern

Dr. Letizia PALUMBO Dr. Alessandra SCIURBA

EU security cooperation with Latin America: A priority requiring consolidation

23-11-2017

Although security cooperation is not yet a well-consolidated priority for the EU in its relations with Latin America, it has acquired increasing importance with the explicit inclusion of citizen security as a new priority area in the 2015 EU-CELAC action plan. The main current areas of EU security-related cooperation with the region are the fight against drugs; violence prevention; conflict resolution in Colombia, with an EU stake in its peace process; and the participation of some Latin American ...

Although security cooperation is not yet a well-consolidated priority for the EU in its relations with Latin America, it has acquired increasing importance with the explicit inclusion of citizen security as a new priority area in the 2015 EU-CELAC action plan. The main current areas of EU security-related cooperation with the region are the fight against drugs; violence prevention; conflict resolution in Colombia, with an EU stake in its peace process; and the participation of some Latin American countries in EU crisis-management operations in the framework of the EU's Common Security and Defence Policy. This is achieved through trans-regional, regional, sub-regional and bilateral programmes and projects, as well as through the conclusion of framework agreements with certain Latin American countries. The European Parliament is particularly involved in promoting security cooperation with the region, as evidenced by its support for a Euro-Latin American Charter for Peace and Security, in the framework of the Euro-Latin American Parliamentary Assembly, and the adoption of specific resolutions on the subject.

Rights and empowerment of women in the Western Balkans

23-06-2017

Gender equality – recognised by the United Nations as a human right, and enshrined in the EU Treaties – is among the requirements with which Western Balkan candidates and potential candidates for EU accession (Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Kosovo, Montenegro and Serbia) have to comply. In recent years, these six countries have taken steps to advance women's rights. They have adopted or amended their relevant legislation (for instance, criminal and labour ...

Gender equality – recognised by the United Nations as a human right, and enshrined in the EU Treaties – is among the requirements with which Western Balkan candidates and potential candidates for EU accession (Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Kosovo, Montenegro and Serbia) have to comply. In recent years, these six countries have taken steps to advance women's rights. They have adopted or amended their relevant legislation (for instance, criminal and labour laws), elaborated national strategies and action plans, and established institutional mechanisms to carry out and monitor the policies in the area. Despite these formal efforts, however, promoting gender equality is often seen as a low-priority task, the main focus being centred on political and economic issues. In practice, women in the region still share similar challenges of increased personal, economic, and social insecurity. Traditional stereotypes place them in a subordinate position, and public awareness of their rights is low. Moreover, even though laws on gender equality exist, the institutions responsible for implementing them are weak and enjoy little public trust. Widespread domestic violence, limited labour market opportunities and unequal access to participation in high-level politics (despite existing quotas) are palpable issues concerning women still waiting to be tackled. As the Western Balkan governments' response to the above challenges is largely seen as inadequate, there have been calls to dedicate greater attention to them, including in the framework of EU accession, and for an increase in civil society involvement. For its part, civil society has repeatedly called for stricter monitoring, more consistent implementation and public awareness-raising as part of the national agenda.

EU-Philippines relations: Beyond trade and aid?

17-01-2017

Recent controversial statements by new Philippines President, Rodrigo Duterte are threatening to derail progress towards closer partnership between his country and the EU. Nevertheless, practical cooperation between the two sides, which began with European Community development aid 50 years ago, continues essentially unchanged. The EU and its Member States are still among the leading donors of aid to the Philippines, and EU-Philippines trade and investment is substantial. However, economic ties still ...

Recent controversial statements by new Philippines President, Rodrigo Duterte are threatening to derail progress towards closer partnership between his country and the EU. Nevertheless, practical cooperation between the two sides, which began with European Community development aid 50 years ago, continues essentially unchanged. The EU and its Member States are still among the leading donors of aid to the Philippines, and EU-Philippines trade and investment is substantial. However, economic ties still offer considerable untapped potential. A free trade agreement is currently under negotiation. The two sides have already concluded a partnership and cooperation agreement, now awaiting ratification. Once in force, this will help to strengthen not only economic ties, but also cooperation in the many areas where the EU and the Philippines have shared interests, such as migration, fisheries and maritime labour. Particularly under Duterte's predecessor, the pro-Western Benigno Aquino (2010 2016), EU-Philippines relations were based not only on shared interests but also values. The Philippines is a democracy and, due to its history, one of the most westernised countries in Asia. Shared values have helped to make the country one of the EU's closest allies in the Association of Southeast Asian Nations (ASEAN). While Duterte's anti-EU statements have not ended such cooperation, they have created uncertainty over future developments. The EU has adopted a wait-and-see approach; less cordial relations are likely to result.

Implementation of the UN Guiding Principles on Business and Human Rights

06-01-2017

This study reviews the progress of implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) in non-EU countries, five years after their unanimous adoption by the United Nations Human Rights Council in 2011. Much progress has already been achieved, with i.a. relevant key international standards like OECD Guidelines for Multinational Enterprises becoming aligned with the UNGPs, new tools being developed to provide guidance to governments and stakeholders and a basis being set ...

This study reviews the progress of implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) in non-EU countries, five years after their unanimous adoption by the United Nations Human Rights Council in 2011. Much progress has already been achieved, with i.a. relevant key international standards like OECD Guidelines for Multinational Enterprises becoming aligned with the UNGPs, new tools being developed to provide guidance to governments and stakeholders and a basis being set for constructive discussion. This led to increased awareness and better understanding, building trust and engagement among various stakeholders. Yet, despite all efforts, business-related human rights abuse is still a serious problem. Further implementation of the UNGPs and related instruments is thus necessary, with special emphasis needed on access to remedy and justice for victims of business-related abuses. Less declaration and more real political will is needed, as states’ commitments to develop National Action Plans implementing the Guiding Principles have been far too slow to materialise, with only twelve NAPs being launched to date. Yet, the number of ongoing processes is promising, particularly in South America, although we have yet to see how meaningful and future action oriented their outcomes will be.

Awtur estern

Beata FARACIK, Human Rights Expert, President of the Board, Polish Institute for Human Rights and Business, Poland

International Marriage Brokers and Mail Order Brides - Analysing the Need for Regulation

14-10-2016

The study was requested by the European Parliament’s Committee on Women’s Rights and Gender Equality and commissioned, overseen and published by the Policy Department for Citizen’s Rights and Constitutional Affairs. This Study analyses the socio-legal status of the Mail-Order Bride industry in the EU, in terms of regulation, protection of rights, and the consequences of Mail-Order Bride relationships for women, men and children involved. It focuses on the United Kingdom, Germany, the Netherlands ...

The study was requested by the European Parliament’s Committee on Women’s Rights and Gender Equality and commissioned, overseen and published by the Policy Department for Citizen’s Rights and Constitutional Affairs. This Study analyses the socio-legal status of the Mail-Order Bride industry in the EU, in terms of regulation, protection of rights, and the consequences of Mail-Order Bride relationships for women, men and children involved. It focuses on the United Kingdom, Germany, the Netherlands and Ireland; defines the Mail-Order Bride (MOB) phenomenon. The report uses a combination of sociological and legal research methods including desk research, expert interviews and a mapping of International Marriage Broker (IMB) websites. It finds that it is difficult to distinguish between MOB and other groups of female marriage migrants. The report identifies three main legal gaps, namely the lack of regulation of IMB activities, the lack of a harmonized regime for family reunification, and the lack of harmonized protective measures for women in case of relationship break up. There is a need for additional prevention and protection measures, since female marriage migrants are considered particularly vulnerable to domestic violence.

Awtur estern

Julia REINOLD (Maastricht Graduate School of Governance | UNU-MERIT), Inez ROOSEN (Maastricht Graduate School of Governance | UNU-MERIT), Alexander HOOGENBOOM (Maastricht University), Ingrid WESTENDORP (Maastricht University) and Katharina KOCK (Maastricht Graduate School of Governance | UNU-MERIT)

On the Frontline: The Hotspot Approach to Managing Migration

10-05-2016

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, places the new “hotspot approach” to managing migration within its policy framework. It examines the way in which EU agencies provide support to frontline Member States, with particular focus on Greece, and assesses the chief challenges identified to date in both the policy design and operational implementation of hotspots.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, places the new “hotspot approach” to managing migration within its policy framework. It examines the way in which EU agencies provide support to frontline Member States, with particular focus on Greece, and assesses the chief challenges identified to date in both the policy design and operational implementation of hotspots.

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