Recent developments on European and UN levels for more visibility and recognition of the fundamental rights of undocumented migrants Lilana Keith, PICUM Project Officer

European Union Committee of Regions (CoR) Annual Dialogue with Fundamental Rights Agency (FRA) on UDM: 17/10/2011 Highlighted role of local authorities as guarantors of human rights & good practices Conclusions call for EU and nat’l policies to enable local and regional authorities to address fundamental rights issues of UDM; also refer to more funding mechanisms for practitioners

European Union Fundamental Rights Agency (FRA) Three major reports on fund. rights of UDM  2 case studies (health care and domestic workers)  Thematic report Annual conference, Warsaw 21-22/11/2011 Workshop dedicated to undocumented children and families (City of Utrecht speaker)

Council of Europe Parliamentary Assembly Committee on Migrants hearings (March 2011 and Oct. 2011) on undocumented children Contribution from DCI on housing in NL Report and recommendations  Areas where undoc. children’s rights need to be clarified and strengthened: education, HC, housing, detention and exploitation

Recent jurisprudence on European level European Court of Justice (EU)  Judgment C-34/09 Ruiz Zambrano (Belgium):  The undocumented parent of an EU citizen child has the right to work and reside in the country of the child’s citizenship.  European Court of Justice rulings establish jurisprudence for EU: courts in IRL, DK, AUST, UK have since asked for clarifications  Case C-61/11 PPU Hassen El Dridi alias Soufi Karim (Italy):  Being an undoc. migrant is not a sufficient reason under the “Returns Directive” to be jailed (however detention pending deportation still possible). European Social Charter (Council of Europe)  Rulings on undoc. children (France and NL) establish precedent for future cases PICUM to hold workshop in June 2012 on legal strategies and int’l monitoring bodies

United Nations Migrant Workers’ Committee:  Day of General Discussion on Undocumented Migrant Workers: 19/9/2011  General Comment on Undocumented Migrant Workers and Their Families Committee on Rights of the Child:  Day of General Discussion on children in migration situations: September 2012  General Comment