14/07/2021
Notes jointly issued by the Council of Europe and the European Union Agency for Fundamental RightsHuman rights and borders, guidelines in Europe
The Council of Europe and the European Union Agency for Fundamental Rights (FRA) published (9/7/2021) a
joint note
on European standards for effective remedies, complaint mechanisms and border investigations. Wanting to join forces to protect human rights at Europe's borders, the two institutions present in this new publication the relevant standards, derived from the European Convention on Human Rights (ECHR) and EU law, under which migrants, asylum seekers, and refugees can have access to effective remedies at the national level. The note provides detailed information on complaint mechanisms and the obligation to investigate alleged rights violations at European borders.
According to Article 1 of the ECHR, every person within the jurisdiction of the 47 member states of the Council of Europe enjoys the protection of the Convention. It is therefore incumbent on States to establish special mechanisms for migrants, asylum seekers and refugees to file administrative or judicial complaints when they believe their rights have been violated at the border; States must also ensure that such complaints are effectively investigated.
This new publication complements the
previous note
, entitled "Fundamental Rights of Refugees, Asylum Seekers and Migrants at European Borders," published in March 2020. (Photo: Council of Europe)