Debates Parlamentares - Diário 016, p. 25 (2024-01-18)

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Recommendation 2255 (2023)1Provisional version

Health and social protection of undocumented workers or those in an irregular situation

Parliamentary Assembly

1. The Parliamentary Assembly refers to its Resolution 2504 (2023) “Health and social protection ofundocumented workers or those in an irregular situation” and underlines the responsibility of member Statesto prevent human rights violations against undocumented workers. The currently prevailing national policiesand legislation tend to render this category of workers invisible, extremely fragile and exposed to exploitationor even trafficking in human beings, including for the purpose of forced labour.

2. The Assembly supports the ongoing national efforts and institutional mobilisation to strengthen socio-economic rights for all across Europe, notably through the work of the Committee of Ministers Ad hoc WorkingParty on improving the European Social Charter system (GT-CHARTE), the Rapporteur Group on Social andHealth Questions (GR-SOC) and the European Committee of Social Rights. In this context, the Assemblystresses the need to remove the restriction of the personal scope of application of the European SocialCharter (ETS No. 35) (that is, the exclusion of persons from countries that have not ratified it, and of those notlawfully resident or working regularly on the territory of the Party concerned) and suggests adding newprovisions to the Charter on enhanced protection of workers in non-standard forms of employment.

3. To this end, the Assembly calls on the Committee of Ministers to insist that all member States sign,ratify and fully implement as many provisions of the European Social Charter and its protocols as possible,and expand the reach of existing rights under the Charter to all persons de facto living under their jurisdiction.

4. Considering the relevance of the European Convention on the Legal Status of Migrant Workers (ETSNo. 93) with regard to the general conditions for entry and residence of migrant domestic workers and aimingto ensure treatment no less favourable than that afforded to nationals, the Assembly asks the Committee ofMinisters to encourage among member States the greatest number of signatures to, and ratifications of, thisConvention.

5. Drawing on the experiences during the Covid-19 pandemic, the Assembly further asks the Committeeof Ministers to recommend to member States to extend the criteria for access to permanent regularisationmechanisms and/or consider putting in place targeted regularisation programmes which would offer greaterprotection of socio-economic rights of undocumented workers, to facilitate their access to justice, which is thecornerstone of respect for their rights, by setting up procedures to ensure the non-cross-checking of data inthe various services, and to facilitate their access to a universal healthcare system.

1. Assembly debate on 21 June 2023 (17th sitting) (see Doc. 15784, report of the Committee on Social Affairs, Healthand Sustainable Development, rapporteur: Ms Ada Marra; and Doc. 15794, opinion of the Committee on Migration,Refugees and Displaced Persons, rapporteur: Ms Arusyak Julhakyan). Text adopted by the Assembly on 21 June 2023(17th sitting).

https://pace.coe.int

Recommendations

2255 to 2257

18 DE JANEIRO DE 2024_____________________________________________________________________________________________________________

Recommendation 2255 (2023)1Provisional versionHealth and social protection of undocumented workers or those in an irregular situationParliamentary Assembly1. The Parliamentary Assembly refers to its Resolution 2504 (2023) “Health and social protection ofundocumented workers or those in an irregular situation” and underlines the responsibility of member Statesto prevent human rights violations against undocumented workers. The currently prevailing national policiesand legislation tend to render this category of workers invisible, extremely fragile and exposed to exploitationor even trafficking in human beings, including for the purpose of forced labour.2. The Assembly supports the ongoing national efforts and institutional mobilisation to strengthen socio-economic rights for all across Europe, notably through the work of the Committee of Ministers Ad hoc WorkingParty on improving the European Social Charter system (GT-CHARTE), the Rapporteur Group on Social andHealth Questions (GR-SOC) and the European Committee of Social Rights. In this context, the Assemblystresses the need to remove the restriction of the personal scope of application of the European SocialCharter (ETS No. 35) (that is, the exclusion of persons from countries that have not ratified it, and of those notlawfully resident or working regularly on the territory of the Party concerned) and suggests adding newprovisions to the Charter on enhanced protection of workers in non-standard forms of employment.3. To this end, the Assembly calls on the Committee of Ministers to insist that all member States sign,ratify and fully implement as many provisions of the European Social Charter and its protocols as possible,and expand the reach of existing rights under the Charter to all persons de facto living under their jurisdiction.4. Considering the relevance of the European Convention on the Legal Status of Migrant Workers (ETSNo. 93) with regard to the general conditions for entry and residence of migrant domestic workers and aimingto ensure treatment no less favourable than that afforded to nationals, the Assembly asks the Committee ofMinisters to encourage among member States the greatest number of signatures to, and ratifications of, thisConvention.5. Drawing on the experiences during the Covid-19 pandemic, the Assembly further asks the Committeeof Ministers to recommend to member States to extend the criteria for access to permanent regularisationmechanisms and/or consider putting in place targeted regularisation programmes which would offer greaterprotection of socio-economic rights of undocumented workers, to facilitate their access to justice, which is thecornerstone of respect for their rights, by setting up procedures to ensure the non-cross-checking of data inthe various services, and to facilitate their access to a universal healthcare system.1. Assembly debate on 21 June 2023 (17th sitting) (see Doc. 15784, report of the Committee on Social Affairs, Healthand Sustainable Development, rapporteur: Ms Ada Marra; and Doc. 15794, opinion of the Committee on Migration,Refugees and Displaced Persons, rapporteur: Ms Arusyak Julhakyan). Text adopted by the Assembly on 21 June 2023(17th sitting). https://pace.coe.int Recommendations 2255 to 2257 18 DE JANEIRO DE 2024_____________________________________________________________________________________________________________25

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