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.
CONTENTS
The fundamental rights of irregular migrants in the European Union
Abstract
1. Introduction
1.1 General considerations
1.2 The notion of “irregular” migrant
2. The fundamental right to work
2.1 The Charter of Fundamental Rights of the European Union;
2.2 International Covenant on Economic, Social and Cultural Rights;
2.3 The ILO Conventions;
2.4 Legal provision with regard with remunerations; practice of the different EU Member States; obstacles in obtaining the monthly wages;
2.5 Ideas for improving the access of irregular migrants to the fundamental right to work
3. The fundamental right to healthcare
3.1 The Charter of Fundamental Rights of the European Union
3.2 The International Covenant on Economic, Social and Cultural Rights
3.3 Other Legal Provisions
3.4 Obstacles in accessing the right to healthcare; different practices of the EU Member States;
3.5 Ideas for improving the access of irregular migrants to the fundamental right to healthcare
4. Conclusions
BIBIOGRAPHY
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