Those who think that irregular migrants have no rights because they have no papers are wrong. Everyone is a holder of human rights regardless of their status. It is easy to understand that the prohibition of torture protects all people but we should also be aware of the fact that basic social rights are also universal, because their enjoyment constitutes a prerequisite for human dignity. Therefore, member states of the Council of Europe should stand by their obligations to protect the basic social rights of everyone under their jurisdiction, and this includes irregular migrants.
Migrants can be in an irregular situation because they have entered a country, or stayed in a country, in an unauthorised way. Their situation may become irregular because they overstay an authorised period which can last several years. Due to the very nature of irregular migration, it is difficult to estimate the number of irregular migrants currently living in Europe, though the figure undoubtedly runs into the millions.
Barriers placed by states to the exercise of basic social rights
In my work, I have been confronted with too many situations where the social rights of irregular migrants have been deliberately denied by authorities, in contradiction with international and European law. In other countries where these rights are recognised in national legislation, practical obstacles to their exercise have unfortunately proved to be numerous.
The criminalisation of migration and repressive policies of detention and expulsions of foreigners seriously affect the protection of the basic social rights of irregular migrants, not least because they create a general climate of suspicion and rejection against irregular migrants among those who are supposed to provide social services.
Migrants in an irregular situation are too often seen as cheats, liars, social benefits abusers or persons stealing the jobs of nationals. In such a context, law enforcement officials in charge of countering “illegal immigration” often have difficulties in recognising an irregular migrant as a victim of human rights violations and in need of protection.
In some instances, the police are placed under official pressure to attain quantified targets of “repatriations” – I noted this to be the case until 2012 in France. This policy can be particularly harmful to irregular migrants’ access to social rights, because it forces them to live clandestinely and avoid contact with social assistance providers for fear of being arrested, detained or deported. According to a June 2015 study by the European Union Agency for Fundamental Rights, the main reason for victims of exploitation not reporting their cases to the police is the fear of having to leave the country.
The criminalisation of migration through establishing an “offence of solidarity” against those who try to assist migrants by providing minimum access to shelter, food and healthcare is another unacceptable measure taken by some states in recent years. To guarantee access to basic social rights for irregular migrants, basic service providers such as medical staff should never be placed under an obligation to report irregular migrants to law enforcement authorities.
Access to basic social rights can also be impeded by protracted situations of legal limbo such as that experienced by rejected asylum seekers who cannot be expelled in Denmark. I consider that in situations where return is impossible or particularly difficult, states should find solutions to authorise the relevant person to stay in the country under conditions which meet their basic social needs and respect their dignity.
As indicated in a recent study on the impact of the crisis on access to fundamental rights in the EU, undocumented migrants are among the groups disproportionately affected by austerity measures imposed in the field of healthcare. In Spain, access to healthcare for irregular migrants in most regions was significantly reduced in 2012, until the government recently decided to restore primary health care access, mainly because of the disastrous impact the restrictions had on the national healthcare system. It remains to be seen if the right to access to healthcare of irregular migrants will also improve in practice.
Right to basic social assistance, shelter and food
In some countries, restrictions on access to social rights rest, more or less explicitly, on immigration policies aimed at sending back irregular migrants, including by forcing them into destitution, in order to deter other would-be migrants from coming. States may be tempted to link access to some basic social rights to the residence status of the migrant. In the Netherlands, while the law grants irregular migrants access to emergency healthcare and education, the government has attempted to deny access to shelter, food and water. As noted in my report on the Netherlands, I could witness some of the difficulties experienced by irregular migrants due to this policy during a visit carried out to a disused church in The Hague in 2014, where some 65 irregular immigrants had taken shelter.
As unrestrictedly recognised in many international legal instruments, everyone has the right to an adequate standard of living, including adequate food, clothing and shelter. Under the European Social Charter, as emphasised by the European Committee of Social Rights, the minimum guarantees for the right to housing and emergency shelter apply to irregular migrants too.
Shelter must be provided even when immigrants have been requested to leave the country and even though they may not require long-term accommodation. The Committee has pointed out that the right to shelter is closely connected to the human dignity of every person, regardless of their residence status. It has also stated that foreign nationals, whether residing lawfully or not in the country, are entitled to urgent medical assistance and such basic social assistance as is necessary to cope with an immediate state of need (accommodation, food, emergency care and clothing).
Protection from exploitation and human trafficking
Everyone, including irregular immigrants, should be protected from labour exploitation and trafficking in human beings in full compliance with Article 4 of the European Convention on Human Rights prohibiting slavery, forced labour and by extension human trafficking, and with the Council of Europe Convention on Action against Trafficking in Human Beings.
While in many European countries a residence permit can be granted to victims of trafficking or severe forms of exploitative work staying irregularly on the territory, too often, this applies only under the condition of co-operating with the police. In 20 country evaluation reports, the Group of Experts on action against trafficking in human beings (GRETA) has urged the authorities to ensure that in practice access to assistance for victims of trafficking is not made conditional on their co-operation in the investigation and criminal proceedings: Article 14 of the anti-trafficking Convention allows parties to make the issuing of a temporary residence permit conditional on co-operation and it seems that in some cases this blocks unconditional access to assistance for foreign victims.
States have an obligation to sanction employers exploiting the vulnerability of irregular migrants. From a human rights point of view, what matters most is not that a state fights against “illegal work”, but that irregular migrants are protected and compensated for the human rights violations they have suffered as a result of their exploitation. Foreign domestic workers, because of their isolation, are particularly vulnerable to this form of abuse.
Right to education of children in an irregular situation
Many international and European human rights standards, including the European Social Charter and the UN Convention on the Rights of the Child, require that access to education be ensured for children regardless of their immigration status. However, too often, schools or other administrative authorities place barriers to irregular migrant children’s right to education by unlawfully asking for documents such as birth certificates as a condition to enrol the child.
Measures to be taken by states
To create an environment favourable to ensuring irregular migrants’ access to inalienable basic social rights, states should not only refrain from criminalising migration but should go further:
- Consider policies, including regularisation programmes and increased possibilities for legal channels to immigrate for work, so as to avoid or resolve situations whereby migrants are in, or are at risk of falling into, an irregular situation.
- Ratify and implement international and European treaties relevant for the protection of the rights of irregular migrants, including the International Convention on the Rights of Migrant Workers and Members of their Families, the 2011 ILO Convention 189 on Decent Work for Domestic Workers, and the Revised European Social Charter and its collective complaints mechanism.
- Train police officers, labour and immigration officials and basic service providers on the human rights of irregular migrants and victims of trafficking in human beings and exploitative work.
- Inform irregular migrants about their rights and ensure full and equal access to justice for irregular migrants who are victims of exploitation and other human rights abuses by encouraging them to report this without resulting in their prosecution or expulsion.
- Enable NGOs and trade unions to defend the basic social rights of irregular migrants, including before courts with the victims’ consent.
- Ensure irregular migrants’ equal access to victim support and assistance mechanisms adapted to the needs of each individual and that are confidential and free of charge.
- Never call migrants in an irregular situation “illegal migrants” as this would be inaccurate and harmful as stressed by the Platform for International Cooperation on Undocumented Migrants (PICUM) in its campaign “Words Matter!”, promoting alternative words to this expression in several European languages.
- European Committee of Social Rights, Collective Complaints Decisions on the merits:
- Conference of European Churches (CEC) v. the Netherlands, Complaint No. 90/2013
- European Federation of National Organisations working with the Homeless (FEANTSA) v. the Netherlands, Complaint No. 86/2012
- Defence for Children International (DCI) v. the Netherlands, Complaint No. 47/2008
- International Federation of Human Rights Leagues (FIDH) v. France, Complaint No. 14/2003
- Press Unit, Registry of the European Court of Human Rights: Factsheet on Trafficking in Human Beings
- Council of Europe Anti-Trafficking Website
- Parliamentary Assembly of the Council of Europe’s Resolution 1509 (2006) on human rights of irregular migrants, 27 June 2006
- Parliamentary Assembly of the Council of Europe, Recommendation 1985 (2011) Undocumented migrant children in an irregular situation: a real cause for concern, 7 October 2011
Trigger Warning: A Chinese Father Saved More Than 300 People at Nanjing Yangtze River Bridge
“I understand these people. I know they are tired of living here. They have had difficulties. They have no one to help them.” – Chen Si
Since the Nanjing Yangtze River Bridge was first built in 1968, an estimated 2,000 people have died from suicide involving the bridge. According to data from 1995-99, in China’s first national survey in 2002, death from suicide accounted for 3.6 percent of the country’s total deaths. During that period of time, 287,000 Chinese people died from suicide every year, putting the average suicide rate at 23 per 100,000 people.
Chen Si, also known as The Angel of Nanjing, has been patrolling this bridge every Saturday for more than 20 years and has managed to save more than 300 people from death by suicide. He is a 52-year-old father from Nanjing, the capital of Jiangsu province of the People’s Republic of China. Following the loss of a close relative to suicide, Chen Si has taken up this cause because someone needs to.
A Long History
The relationship between mental illness and suicide is controversial in China. Those who follow traditional Chinese philosophy are not encouraged to express their feelings, nor are they encouraged to expect their environment to change to suit their needs. Therefore, intense misery and feelings of despair may go unrecognized, and suicidal symptoms are not easily detected by Chinese medical professionals. In fact, many doctors working in rural areas do not understand the symptoms of depression and often receive low salaries, which discourages more doctors from entering the mental-health field.
According to the World Health Organization (WHO) statistics, China’s suicide rate in the 1990s was 20 per 100,000 people. In the 1990s, female suicides were higher than male suicides by a factor of three. While China remains one of the few countries with a higher suicide rate among women than men, recent data shows that these disparities have evened out. In 2016, suicide rates among Chinese men and women came up almost even at 9.1 per 100,000 men and 10.3 per 100,000 women. Overall, China’s suicide rate in 2016 was 9.7 per 100,000 people, which was among the lowest globally.
A 2002 survey also revealed that 88 percent of females who died from suicide used agricultural pesticides or rat poison. Although China initially eliminated highly toxic pesticides to improve the safety of its farm produce, the elimination also had a substantial impact on the reduction of deaths from suicide among women. Research shows that men tend to attempt suicide through violent means such as hanging, whereas women tend to attempt suicide with medication. Overall, most studies indicate a decline in suicide rates among all gender and regional categories in China. The studies also recommended targeted suicide prevention programs, particularly for people in rural areas.
Women’s freedom, urbanization, and decreased access to toxic pesticides are key reasons behind the decline in suicide rates. According to Jing Jun, a professor at Tsinghua University in Beijing, “female independence has saved a lot of women.” The founding of New China in 1949 in combination with the opening-up policy in the late 1970s and the continuous growth of China’s economy has led to more equitable opportunities for women. Additionally, urbanization removed certain social constraints leading to more freedom for women. For instance, escaping an abusive partner or household may be easier in a city than in a small village.
Despite a decline in death by suicide rates in China, this is an area that we should pay more attention to. Chen Si acts as an angel, but he cannot do this work alone. He hopes that officials consider building a net across the Nanjing Yangtze River Bridge to prevent deaths by suicide.
The Crisis Intervention Centre, the first of its kind in China, was established by Nanjing Brain Hospital to provide psychological advice and support to Chinese people. The Centre also has a hotline, which can be reached at 862583712977.
The Lifeline Shanghai at (400) 821 1215 is a free, confidential, and anonymous support service that is open 365 days a year from 10am-10pm GMT+8.
Facebook and other social media platforms also offer many virtual support groups for individuals experiencing hardship. The National Suicide Prevention Lifeline at 1-800-273-8255 is a 27/4, free and confidential resource to support people in distress, prevention, or in an active crisis. Users should utilize the translate function on these web pages to adjust for language barriers, if necessary.
A 10-Year-Old Girl in Kenya Learns Coding in Milwaukee–Virtually.
The pandemic and a year of virtual schooling had an unexpected benefit for a little girl in Kenya who connected with Girls Who Code at the University of Wisconsin-Milwaukee.
“I use the computer for school, and I wanted to understand more about how they work,” said Elsie Maingi, who is 10 years old and lives in Nairobi.
However, computer classes in Kenya were geared to high school students and business people and were usually quite expensive, said her mother, Lilian Wangechi.
So in the fall of 2020, they turned to Google and found the free Girls Who Code program at UWM. Because of the time difference, Elsie got up at 2 a.m. for every class during that semester and the spring 2021 semester.
Encouraging young women
The national Girls Who Code program encourages young women of middle and high school age to get involved with computer sciences, according to Christine Cheng, an associate professor of computer science who launched UWM’s program in 2016.
“When we knew we were going to be online in the fall of 2020, it was a blessing in disguise because it allowed many people who were not living near UWM to attend classes,” she said, “but Elsie was the only one from a different country.”
Sammie Omranian, a graduate student and teaching assistant who manages UWM’s program, said she was amazed at Elsie’s persistence. “It was so surprising for me. I knew that she was from Kenya, but never thought about the time difference until her teacher, Anahita, told me.”
Anahita Qashqai, a graduate student who is one of the program’s teachers, also encouraged Elsie to overcome her shyness about using her English. Qashqai told her that English was also her second language since she grew up speaking Farsi. Another student piped up that her first language was Spanish. By the next class, Elsie had turned on the camera, unmuted, and was chatting away with her new friends and classmates from across the world.
“After that she felt more involved and engaged,” Omranian said. After falling a little behind for the first session because of the language concerns, Elsie quickly caught up. “Elsie was the only student who completed everything 100%,” Omranian said.
‘Awe for the amazing opportunity’
When the second class finished in the spring of 2021, Omranian sent Elsie the certificate and tote bag that all the students received. It took a few months to get to Kenya, but Elsie and her mom were so excited to get it that they sent a photo and a thank-you note.
“Today Elsie received her certificate from GWC and I can tell that it’s one of her best days,” Wangechi wrote in an email to Omranian. “I look back at the year 2020 and am at awe for the amazing opportunity my daughter got at your program. She had always wanted to understand how computers work and her dream came true.”
The UWM program was the perfect answer to their needs, she added, with the only requirements being an internet connection and the ability to go to class early in the morning.
“The program has opened a new frontier for Elsie that is boundless and she knows that her wildest dreams can come true. This is an experience as a parent that I could never have replicated,” Wangechi wrote. “We say AHSANTE (THANK YOU) to everyone who made this possible – the tutors, program coordinators and the donors.”
What is Girls Who Code?
Girls Who Code is a national program designed to encourage young women to enter computer sciences and other STEM fields.
In 1995, 37% of computer scientists were women. Today, it’s only 24%, according to Christine Cheng, an associate professor of computer science who launched UWM’s Girls Who Code program in 2016. The percentage will continue to decline if we do nothing, she told NPR station WUWM in an interview. “We know that the biggest drop-off of girls in computer science is between the ages of 13 and 17.”
UWM’s program attracts between 50 to 60 girls each semester, and offers three levels, depending on the students’ previous experience. The program is open to young women in middle and high school, though the majority are middle school age.
Graduate students in computer science and engineering are the teachers, along with some volunteers. Several young women who have competed the program have returned as volunteers, Cheng said.
While the program hasn’t had the resources to do a formal assessment of its impact, organizers do hear success stories from former students and their families. Makenzie Johnson completed the program in 2019, taking classes from the middle of her sophomore year to high school graduation.
Her mother, Tanika Davis, saw the national founder of Girls Who Code on MSNBC several years ago, but there were no chapters in Wisconsin at the time. She kept checking and eventually found UWM and Marquette had started chapters.
“Makenzie has autism and ADHD, but she was always good with computers and I knew that coding would expose her to see if that was something she was interested in and would do well in. It worked out really well,” Davis said.
Makenzie is now studying IT and software development at Milwaukee Area Technical College, with an eventual goal of becoming a graphic designer. She is also part of a program called Islands of Brilliance that helps people with developmental disabilities.
“Her mentors at Girls Who Code were great and really helped her thrive,” Davis said. “She felt like she was one of the gang. It was just a wonderful, wonderful experience with a diverse group of girls.”
Emma Maertz, a former student who is coming back as a volunteer in the program, said Girls Who Code is where she explored her love for coding and the program gave her the confidence to learn more elsewhere.
For this coming fall, Cheng and Omranian have decided to offer a combination of online and in-person classes.
Easy Strategies and Accommodations for Behavioral and Mental Health Needs in Learning Enviorments
The numerous accommodations and modifications that teachers make for students often amount to a lengthy list. These adjustments can involve altering not only instruction but also lesson materials, which tend to exhaust much of a teacher’s planning time. While circumstances, symptoms, and needs vary from student to student, there are some of the best “universal” practices that teachers can employ when a student is impacted by a medical condition, without causing a disproportional amount of stress to the teacher.
Symptom: Vision issues
Symptom: Working memory/memory processing difficulties
Symptom: Executive functioning difficulties
Symptom: Fine motor issues
Symptom: Behavioral issues
The classroom environment is filled with a countless array of personalities, abilities, and levels of motivation. Add to that the various medical considerations or chronic illnesses that students might experience and teachers no doubt feel stressed about making sure every learner receives what he or she needs in order to be academically successful. To ensure that students’ accommodations are met, every student must be provided with differentiated, personalized learning experiences to foster intrinsic motivation and appropriate levels of challenge.
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