(CoE) Human rights and migration: 5 key elements

Date of article: 02/10/2024

Daily News of: 10/10/2024

Country:  EUROPE

Author: Commissioner for Human Rights - CoE

Speech by Michael O'Flaherty, Council of Europe Commissioner for Human Rights, delivered at the Joint debate of the Parliamentary Assembly of the Council of Europe on “Missing migrants, refugees, and asylum seekers – A call to clarify their fate”and “A shared European approach to address migrant smuggling”. A longer version of this speech was delivered at the Committee on Migration, Refugees and Displaced Persons of the Parliamentary Assembly of the Council of Europe earlier on the same day.

 

Thank you Mr President,

I greatly appreciate the invitation to return to the plenary and I thank you and the honourable members for the welcome.

Since taking up the mandate of Commissioner, I've spent a considerable amount of time engaging on migration issues. I've spent much of that time visiting walls, new walls, higher walls, along our borders. I've witnessed and I've argued against the repudiation of law, and I've observed with increasing concern the issue of renegotiating treaties.

There is a common theme running through these manifestations and that is to make our borders and our countries more secure. I would argue that it is a dangerous and misguided direction for at least three reasons.

First, this toughening of border policy does not serve its stated purpose. At least in the medium term, it makes the smugglers more daring, it makes them more dangerous, more ruthless, and equally effective.

Second, this model of securitisation posits a zero-sum game between human rights and security, which is wrong. A migration policy that respects human rights is a better migration policy. Predictable, fair, trustworthy.

Third, strategies that lead to violations of international law are corrosive to the rule of law.

What would a human rights compliant refugee, migration and border policy look like?

It would have at least five elements which I will present to you briefly, starting with the topics of the two reports before you.

First, on the matter of curbing smuggling, which is a vital task, the smugglers must be treated as the criminals that they are. But I would also urge that we pay attention to the root cause of smuggling, which is the lack of safe and legal pathways for migrants and for their protection claims to be considered.

Second, we must be very careful in our cooperation with third countries in the context of efforts to curb smuggling. Just look at the situation some EU countries have found themselves in regarding cooperation with countries such as Libya and Tunisia.

Third, let us avoid the criminalisation of humanitarian action, by insisting that any definition of smuggling be the one contained in the Palermo Protocol.

Finally, about criminalisation, for goodness’ sake, let’s avoid the temptation to criminalise smuggled people.

On the issue of missing migrants, I'd like to focus on the prevention of disappearances. Again, safe and legal pathways are integral to prevent deaths at sea and elsewhere. And second, speaking of the sea, we have got to enhance search and rescue capacity.

Frankly, it is a disgrace to our countries collectively and individually that we do not have the capacity in the Mediterranean to rescue people at risk of drowning.

Turning to other areas, once people arrive, it is vital that we give them a meaningful opportunity to apply for international protection and that we provide them with an individualised determination of their case. In this context, I do not feel the need to debate pushbacks because for me it is clear: Pushbacks are an intolerable and egregious violation of the law.

Fourth, we need to ensure decent reception conditions. We can do that. Many of the problems we encounter in terms of overcrowding, inadequate facilities and poor care are of our own making, because we have put the reception facilities in the wrong places for tactical reasons. We put them in remote locations, and we crowd them into single places where resources are stretched. All such problems are easily avoidable.

Fifth and finally, I would strongly encourage our member states to consider setting up independent human rights monitoring systems at the borders. Where this has been tried, it has been found to be useful and effective in terms of reducing the allegations of abuse and generally, enhancing trust in the systems.

Time is short, so I'll conclude here by borrowing the words of arguably the world's most powerful advocate for better migration policies, Pope Francis. In a recent speech, he reminded us that migration cannot be managed through stricter laws or the militarisation of borders. Instead, he said, it requires justice, fraternity, and solidarity.

Thank you.

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Teenage girl waited two years for mental health treatment

Date of article: 09/10/2024

Daily News of: 10/10/2024

Country:  United Kingdom

Author: Parliamentary and Health Service Ombudsman

A teenage girl suffering ‘intense emotional meltdowns’ had to wait two years – almost six times the target – for mental health treatment.

England’s Health Ombudsman is urging Government and NHS leaders to prioritise timely treatment of people experiencing poor mental health and support the NHS workforce to deliver this.

The girl from Gateshead was 14 when her GP referred her to mental health services after she began experiencing meltdowns which sometimes involved self-harm. She was also crying a lot, often unhappy, and struggled to concentrate at school so much that she stopped going.

National guidelines state that no one should wait longer than 18 weeks for mental health treatment. In this case, the schoolgirl waited two years for treatment after being referred to Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust’s Children and Young People’s (CYP) services.

The Parliamentary and Health Service Ombudsman (PHSO) investigated the case and found that the Trust failed to provide suitable care in an adequate timeframe. This caused a delay in her mental health beginning to improve.

The Ombudsman published reports in 2018 and 2024 highlighting issues in mental health services including when transferring people with poor mental health out of inpatient and emergency care, and failures in diagnosis that led to poor treatment.

Rebecca Hilsenrath, Parliamentary and Health Service Ombudsman, said:

“Timely treatment is critical for the safety and wellbeing of people experiencing mental illness. The overwhelming majority of professionals in mental health services demonstrate their hard work, commitment and care daily, but they are also working under immense pressure.

 

“Delays in diagnosis and treatment can have a significant impact on patients, as this story shows. In this case, the girl had to wait far too long to be treated and this deeply affected her health, her life, and her family.

 

“We have published two reports highlighting failings in mental health services over the past six years and making recommendations. However, we are still waiting for change. It is clear from our evidence that there are still problems that must be addressed if patients are to receive the care they deserve and need. Urgent action is needed to make sure that mental health professionals can deliver the right care at the right time.

 

“It is important that the new Government looks afresh at the provision of mental health services to avoid this and other failures from occurring in future and to keep people safe.”

The girl, now 18, was referred to CYP in December 2020. She was diagnosed with autism in January 2022.

She then had to wait until December of that year to receive medication for anxiety and sleep problems and was only allocated a care coordinator 27 months after the referral.

No interim support was offered by the Trust during the two years between her being referred and receiving medication.

The girl’s mother, 53, said:

“I can’t put into words how devastating the impact of the delay was on our family. At a crucial time in her life, my daughter was abandoned by the professionals who are supposed to care for her. She couldn’t do all the normal things that teenagers do, she became increasingly isolated and withdrawn, and her intense emotional meltdowns could last for hours.

 

“It was incredibly stressful for us as parents to see her going through this and feel like no one was helping us. I was ringing the crisis team every week, sometimes more than that. No one would tell us where she was on the waiting list or how long it could take to get the help she so badly needed. We just went round in circles. The stress led to me having panic attacks and being prescribed anti-depressants.

 

“I am in awe of what my daughter has been able to achieve despite what she has been through. But it is heartbreaking because she has such potential – she is highly intelligent, articulate, warm, funny – and so much of that has been wasted because she got lost in the system.”

The mother complained to the PHSO who found that earlier intervention could have meant her daughter was able to stay in school, maintain friendships and help her to feel less abandoned.

There were also failings in the way the Trust handled the mother’s complaint which increased the family’s distress as they couldn’t gain answers or updates while they waited for treatment to begin.

The Ombudsman recommended that the Trust apologise to the family and create an action plan to improve services so that future patients don’t have a similar experience. The Trust has complied.

Healthwatch, a body that gathers and champions the views of users of health and social care services to identify improvements, has reported that they are being told about ‘extremely long waits for ADHD and autism services’ in several areas across the country.

Louise Ansari, Chief Executive at Healthwatch England said:

 “This story shared by the Ombudsman makes for difficult reading and is unfortunately reflective of experiences we’ve heard from autistic people across England.

 

“With waiting lists for autism assessments growing, and almost 9 in 10 people waiting over the recommended 13 weeks, we’re incredibly concerned that more people will be feeling the devastating impact of long waits.

 

“Work must be done to ensure people are diagnosed quicker, including through increasing the numbers of specialist staff in the NHS and improving data on autism assessments so long waits can be understood and addressed. And while people wait, they mustn’t be forgotten. More must be done to get people the mental health and other support they need and minimise the impacts on their daily lives while they wait for assessments and further support.”

Read the full case summary. 

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Councils risk compounding problems for victims of domestic abuse if they do not follow proper process, Ombudsman says

Date of article: 10/10/2024

Daily News of: 10/10/2024

Country:  United Kingdom - England

Author: Local Government Ombudsmen for England

Victims of domestic abuse are sometimes being let down by councils using an outdated and too narrow definition of what abuse means, the Local Government and Social Care Ombudsman has warned.

In a new guidance document, aimed at improving councils’ awareness of their duties to victims when providing housing and homelessness support, the Ombudsman is urging councils to reassure themselves that they are looking at people’s cases through the lens of the Domestic Abuse Act 2021, which created new duties and powers for councils to help victims.

The Act introduced a statutory definition of domestic abuse, and also amended the definition of priority need for homelessness, to include people homeless because of domestic abuse. However the Ombudsman has seen cases where councils have failed to recognise the abuse people have suffered because it was not physical. In other cases councils have not accepted homelessness applications from people escaping abuse in a different area because of overly strict applications of a local connection criteria.

The Ombudsman’s report includes anonymised case studies based on the experiences of real people who have come to the Ombudsman with their complaints, and the lessons other councils can learn from their experiences.

Other common issues highlighted in the case studies include councils not applying the right test to see if a person is homeless, or not providing interim accommodation despite the low threshold being met of a ‘reason to believe’ someone is homeless because of domestic abuse.

Cases have also included advice for councils’ administration of people’s homelessness applications, including carrying out proper risk assessments, keeping the suitability of accommodation under review and the importance of communication and good record keeping.

Ms Amerdeep Somal, Local Government and Social Care Ombudsman, said:

“People who have been subject to domestic abuse are some of the most vulnerable people in society – often escaping out of their area for fear of being pursued by their perpetrators – and often need a significant amount of support and understanding from the councils they approach for help.

“Councils need to make sure they are carrying out their duties to victims properly, regardless of the type of abuse they have suffered. Denying people’s experience can undermine their trust in the council at a time when they most need advice and support.

“By drawing on these real life experiences of domestic abuse in relation to housing decisions, we hope councils will digest our advice and check whether their own services could be improved.”

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La Justicia de Aragón inaugura el curso de la Universidad de la Experiencia en La Puebla de Alfindén

Date of article: 09/10/2024

Daily News of: 10/10/2024

Country:  Spain - Aragon

Author: Regional Ombudsman of Aragón

Concepción Gimeno ha puesto en valor el efecto positivo que supone para la salud general y mental de las personas seguir activo intelectualmente conforme pasan los años

La Justicia de Aragón, Concepción Gimeno, ha impartido la lección inaugural de la apertura de curso de la Universidad de la Experiencia en La Puebla de Alfindén bajo el nombre ‘Reflexiones de una juez convertida en Justicia de Aragón’. A través de sus primeras palabras, ha ensalzado el origen de la Universidad de la Experiencia, que se puso en marcha en 2001 para acercar la universidad a los mayores de 55 años.

Es un magnífico proyecto dirigido a personas animadas por diferentes inquietudes, pero a las que les une el placer por aprender y la curiosidad por las cosas, los avances sociales, los avances de la ciencia…”, ha detallado Concepción Gimeno, que ha celebrado que este interés no ceda con el tiempo, sino que incluso aumente. En este sentido, ha agradecido a la Universidad de la Experiencia por “colaborar en el efecto positivo que seguir activo intelectualmente implica para la salud en general y para la mental en especial”.

Tras dirigir estas palabras hacia la institución, la Justicia ha reflexionado sobre la presencia de la mujer en la Judicatura y el techo de cristal al que se enfrentan, su experiencia profesional como jueza, las similitudes y diferencias entre la Judicatura y la institución del Justicia de Aragón y la utilidad de esta última para todos los ciudadanos.

La Justicia ha pronunciado esta lección inaugural en el Salón de Plenos del Ayuntamiento de La Puebla de Alfindén, donde ha sido recibida por el director de la Universidad de la Experiencia, Ángel Luis Monge; el jefe de estudios de la entidad, Pedro Ciria; la vicerrectora de Cultura de Unizar, Yolanda Polo, y por la alcaldesa de la localidad, Pilar Villanueva.

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”Es imprescindible y urgente restaurar la realidad medioambiental en la Gola del Fluvià”

Date of article: 09/10/2024

Daily News of: 10/10/2024

Country:  Spain - Catalonia

Author: Regional Ombudsman of Catalonia

Desde el año 2021, una empresa ocupa y utiliza una zona de dominio público y desarrolla actividades incompatibles con la conservación del medio ambiente
 

Entidades ecologistas de L’Empordà denunciaron a la institución del Síndic de Greuges la inactividad de la Administración ante una empresa que desarrolla actividades económicas sin autorización administrativa en la Gola del Fluvià. Se trata de una zona protegida y no urbanizable de la Red Natura 2000, y está ubicada en el corazón del parque natural de Aiguamolls de L'Empordà.

La zona tiene la clasificación de suelo no urbanizable de especial protección desde el año 2003, y forma parte del dominio público hidráulico y del dominio público marítimo-terrestre. Tiene un gran valor ecológico, biológico y ambiental, y es clave en el mantenimiento de la Gola del Fluvià y de las reservas del parque natural.

Sin embargo, en 2021 el propietario del terreno empezó a utilizarlo con fines empresariales: instaló chiringuitos y un aparcamiento para caravanas, y empezó a ofrecer actividades como alquiler de motos de agua o de kayaks sin disponer de las autorizaciones administrativas necesarias.

A raíz de las quejas recibidas, el equipo de la síndica se ha desplazado en dos ocasiones a la zona afectada y ha constatado que:

• Se ha llevado a cabo una ocupación del espacio y se han organizado unas actividades que son incompatibles con el régimen jurídico del suelo, el espacio natural y los valores y requerimientos de la Red Natura 2000.

• Se ha ocupado y utilizado el dominio público sin el título administrativo correspondiente, y se han instalado construcciones no autorizadas en zonas protegidas.

• Se han ocupado y utilizado sin permiso parcelas propiedad del Ayuntamiento de Sant Pere Pescador y de la Generalitat de Cataluña.

• Se ha cerrado el camino del Joncar, de uso público, y se impide el acceso a la Gola del Fluvià.

La síndica considera imprescindible restaurar la realidad medioambiental de esta zona y proteger y recuperar el patrimonio público. Por este motivo pide a las administraciones implicadas –el Ayuntamiento de Sant Pere Pescador y el Departamento de Territorio, Vivienda y Transición Ecológica– que lleven a cabo todas las actuaciones necesarias para poner fin a esta conducta abusiva de ocupación y utilización del dominio público. También les pide que hagan cesar las actividades y los servicios que se prestan actualmente en la zona y que hagan retirar las construcciones e instalaciones actuales, dado que resultan incompatibles con el régimen urbanístico del suelo y con la protección del medio ambiente.

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