Debates Parlamentares - Diário 016, p. 49 (2024-01-18)

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Resolution 2504 (2023)1Provisional version

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

Parliamentary Assembly

1. Europe is home to about 4-5 million undocumented persons. However, this figure may be a grossunderestimation because reliable data is lacking. Many such persons de facto participate in the labour marketas “invisible workers”, including as migrant seasonal workers and migrant domestic workers, but remain veryfragile socio-economically – with poor or no access to socio-economic rights. Their vulnerability washighlighted during the Covid-19 pandemic, when this category of workers was exposed to a double hazard:high socio-economic precarity and haphazard, if any, access to basic health care.

2. By accepting the marginalisation of undocumented workers, member States tolerate inequality oftreatment, discrimination and vulnerability which carry the potential for abuse and exploitation of persons.Such situation also breeds precarity, trafficking in human beings and the risk of crime, harms safety at work,fuels the underground economy, reduces State revenue from social contributions and undermines faircompetition. Entire sectors of the national and international economy are based on an economic model thatviolates the fundamental rights of workers in general and more pronouncedly for people without residencepermits. We cannot intervene effectively in the protection of undocumented workers without changing theeconomic philosophy – lowering production costs by mistreating workers to increase the profit of a few – thatleads to this situation.

3. The Parliamentary Assembly notes that the problem of labour exploitation affects both migration andlabour law. The tightening by member States of the legal channels for third-country nationals to come andwork in Europe exacerbates the precarity of the labour and residence rights of persons who have sometimesbeen living in our States for many years. The Assembly recalls that asylum and migration policies themselvessometimes create situations of illegality for migrant persons. One of the main reasons for the abuse andexploitation of undocumented migrants in particular and workers in general is a labour market withoutsufficient controls, a situation further exacerbated in the case of migrant domestic workers for whominspections are difficult, another being the dehumanisation of migrants, particularly in certain politicaldiscourses.

4. The Assembly strongly supports dialogue between the key stakeholders (the State authorities,employers, associations, and trade unions) as the way of developing programmes to restore rights to invisibleworkers in national labour markets and society in general. It considers that the “offence of solidarity”, whetheraimed at civil society organisations or private individuals in their efforts to help these vulnerable people ontheir arrival and during their stay in our countries, must be abolished where it still exists.

5. In this context, the Assembly refers to its Resolution 1568 (2007) and Recommendation 1807 (2007)calling for regularisation programmes to be set up for irregular migrants. It also recalls its Resolution 1922(2013) "Trafficking of migrant workers for forced labour" and its Resolution 2323 (2020) "Concerted action

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).

See also Recommendation 2255 (2023).

https://pace.coe.int

18 DE JANEIRO DE 2024_____________________________________________________________________________________________________________

Resolution 2504 (2023)1Provisional versionHealth and social protection of undocumented workers or those in an irregular situationParliamentary Assembly1. Europe is home to about 4-5 million undocumented persons. However, this figure may be a grossunderestimation because reliable data is lacking. Many such persons de facto participate in the labour marketas “invisible workers”, including as migrant seasonal workers and migrant domestic workers, but remain veryfragile socio-economically – with poor or no access to socio-economic rights. Their vulnerability washighlighted during the Covid-19 pandemic, when this category of workers was exposed to a double hazard:high socio-economic precarity and haphazard, if any, access to basic health care.2. By accepting the marginalisation of undocumented workers, member States tolerate inequality oftreatment, discrimination and vulnerability which carry the potential for abuse and exploitation of persons.Such situation also breeds precarity, trafficking in human beings and the risk of crime, harms safety at work,fuels the underground economy, reduces State revenue from social contributions and undermines faircompetition. Entire sectors of the national and international economy are based on an economic model thatviolates the fundamental rights of workers in general and more pronouncedly for people without residencepermits. We cannot intervene effectively in the protection of undocumented workers without changing theeconomic philosophy – lowering production costs by mistreating workers to increase the profit of a few – thatleads to this situation.3. The Parliamentary Assembly notes that the problem of labour exploitation affects both migration andlabour law. The tightening by member States of the legal channels for third-country nationals to come andwork in Europe exacerbates the precarity of the labour and residence rights of persons who have sometimesbeen living in our States for many years. The Assembly recalls that asylum and migration policies themselvessometimes create situations of illegality for migrant persons. One of the main reasons for the abuse andexploitation of undocumented migrants in particular and workers in general is a labour market withoutsufficient controls, a situation further exacerbated in the case of migrant domestic workers for whominspections are difficult, another being the dehumanisation of migrants, particularly in certain politicaldiscourses.4. The Assembly strongly supports dialogue between the key stakeholders (the State authorities,employers, associations, and trade unions) as the way of developing programmes to restore rights to invisibleworkers in national labour markets and society in general. It considers that the “offence of solidarity”, whetheraimed at civil society organisations or private individuals in their efforts to help these vulnerable people ontheir arrival and during their stay in our countries, must be abolished where it still exists.5. In this context, the Assembly refers to its Resolution 1568 (2007) and Recommendation 1807 (2007)calling for regularisation programmes to be set up for irregular migrants. It also recalls its Resolution 1922(2013) "Trafficking of migrant workers for forced labour" and its Resolution 2323 (2020) "Concerted action1. 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).See also Recommendation 2255 (2023). https://pace.coe.int 18 DE JANEIRO DE 2024_____________________________________________________________________________________________________________49

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