The Committee on Womens Rights and Gender Equality adopted the initiative report by Norica NICOLAI (ALDE, RO) on undocumented women migrants in the European Union.
Members recalled that undocumented migrants are third-country national whose whose presence on the territory of a Member State does not fulfil or no longer fulfils the conditions of entry as set out in Article 5 of the Schengen Borders Code or other conditions for entry, stay or residence in that Member State and whose detection by the immigration authorities would lead to a return decision or an expulsion. They also recalled that undocumented migrants often lack financial resources, which means that they have to seek unacceptable solutions to secure the means of subsistence.
In this context, undocumented women migrants are particularly vulnerable. This is why Members called on the Member States and the Commission to recognise undocumented women migrants explicitly as a vulnerable social group exposed to trafficking, discrimination and exploitation on the labour market.
While emphasising that illegal immigration is a very topical issue, Members recalled the need for a common legal framework on migration policies in order to protect migrants and potential victims, especially women and children, but also to reduce illegal immigration.
Members condemned the fact that many migrant women are misled in their countries of origin with promises of employment contracts in developed countries and called on the Member States to apply the Facilitation Directive in order to reduce the risk of exploitative or abusive situations.
Vulnerability and protection of human rights: Members encouraged the Member States to waive, for undocumented migrants in the most vulnerable situations, the requirement to provide documentation in order to access state-run shelters. They insisted that account be taken of the particular vulnerability of people with special needs, such as children and adolescents, the elderly, the disabled, the illiterate or poorly qualified.
In particular, Members called on the Member States to provide undocumented women with proper psychological, health and legal support, with the right to housing and to combat all forms of forced labour. They condemned all forms of violence, human trafficking, abuse and discrimination against undocumented women. They also encouraged these women to lodge complaints against any abusive employer.
Among other things, Members called on the Member States to take the necessary steps to:
They called upon the Commission to:
Lastly, Members called on the Member States and the Commission, each in their respective ways, to: