20151009 Alternativen der Speicherung von Flüchtlingsdaten

09.10.2015 Alternativen der Speicherung von Flüchtlingsdaten

FRA publishes paper on alternatives to detention

Als Mitglied der Fundamental Rights Platform (FRA) der EU dokumentieren wir hier das Papier der FRA zu Alternativen der Speicherung von Flüchtligsdaten, auch .wenn wir als Aktion Freiheit statt Angst uns in einigen Punkten eine entschiedenere Position für den Datenschutz und die Grundrechte gewünscht hätten.

In the context of its work in the area of migration, asylum and borders, FRA is today publishing a new paper, Alternatives to detention for asylum seekers and people in return procedures. The paper seeks to provide guidance to policy makers and practitioners on the use of measures for asylum seekers and people in return procedures that do not unnecessarily deprive them of their right to liberty.

For asylum seekers as well as those already on EU territory whose applications for international protection or residence permits have been rejected, detention too often remains the default solution. At the same time, the majority of EU Member States provide for the possibility of alternatives to detention. This FRA paper discusses a number of such alternatives, and lists a number of legal and other instruments together with the general human rights and EU legal framework.

Making use of the many alternatives to detention is of advantage both to the hosting state and migrants, as on the one hand they are more cost-effective and on the other they are less intrusive and more respectful of fundamental rights. According to the UN Special Rapporteur on the human rights of migrants, alternatives are far less expensive than detention, not only in the short term but also when it comes to longer-term costs associated with detention, such as the impact on health services or on the integration of migrants into EU society.

The first section of the paper covers the international framework that safeguards the right to liberty, while the following sections focus specifically on alternatives to detention as follows:

Selected instruments on the right to liberty
Selected non-binding United Nations instruments on alternatives to detention
Selected non-binding Council of Europe instruments on alternatives to detention
Selected European Union law provisions relating to alternatives to detention
Selected case law from the European Court of Human Rights, the Court of Justice of the EU and the United Nations Human Rights Committee on alternatives to detention
Recently developed tools
Selected research publications

The paper is available here and is part of FRA’s ongoing work in the area of asylum, migration and borders.

FRA publishes paper on alternatives to detention

In the context of its work in the area of migration, asylum and borders, FRA has published a new paper, Alternatives to detention for asylum seekers and people in return procedures. The paper seeks to provide guidance to policy makers and practitioners on the use of measures for asylum seekers and people in return procedures that do not unnecessarily deprive them of their right to liberty.

InFRA 12-19 October

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