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Resolution 2128 (2016)
Violence against migrants
1. The Parliamentary
Assembly is very concerned about the increased phenomenon of violence
against migrants in Europe, which manifests itself in forms such
as physical violence, labour exploitation, trafficking, sexual harassment
and abuse, discrimination and hate speech.
2. Regrettably, very few European governments are taking active
steps to combat the root causes of violence against migrants. Moreover,
during the recent economic crisis, anti-migrant rhetoric has been
widely used by populist parties and mass media, provoking stigmatisation,
intolerance and xenophobia. The introduction of increasingly restrictive
policies towards migrants and harsher measures against irregular migration
is also exacerbating the situation.
3. The Assembly is deeply concerned about women and children
migrants, who are particularly vulnerable to different forms of
violence and abuse, including sexual violence, especially in detention
centres or places with high concentrations of migrants. These groups
should receive special protection in the receiving countries, including
through the provision of safe reception facilities and alternatives
to their detention.
4. The Assembly believes that the opening of regular channels
for migration, combating the exploitation of migrants in the labour
market, the promotion of a positive image of migrants in political
discourse and in the media, as well as the development of social
inclusion programmes are the most effective steps to combat violence
against migrants in Europe.
5. The Assembly therefore calls on all member States of the Council
of Europe to place the protection of the human rights of migrants
at the forefront of migration management priorities and to combat
racism, discrimination and hate speech, which lead to violence against
migrants. In particular, it asks the member States which have not
yet done so:
5.1. through legal
measures, to:
5.1.1. ensure that the
perpetrators of violence against migrants are prosecuted regardless
of the victims’ status;
5.1.2. consider the possibility of reviewing and amending national
legislation with the aim of ensuring that irregular migration is
not considered a criminal offence;
5.1.3. strengthen national legislation against hate speech, discrimination
and xenophobia and, in particular, to ensure that all forms of incitement
to racial discrimination are criminalised;
5.1.4. amend national legislation to enable all migrants who
are victims of violence to have equal access to justice;
5.1.5. amend national criminal legislation to ensure the prosecution
of “hate crimes” as a specific criminal offence;
5.1.6. include special provisions in national labour-related
legislation to punish employers who commit violent or illegal acts
against migrants, including failure to pay wages or unlawful dismissal;
5.1.7. ratify the United Nations 1990 International Convention
on the Protection of the Rights of All Migrant Workers and Members
of their Families;
5.1.8. ratify and fully implement the Council of Europe Convention
on Preventing and Combating Violence against Women and Domestic
Violence (CETS No. 210, “Istanbul Convention”) in order to ensure
protection for migrant women in all Council of Europe member States;
5.1.9. ratify and fully implement the Council of Europe Convention
on the Protection of Children against Sexual Exploitation and Sexual
Abuse (CETS No. 201, “Lanzarote Convention”) in order to provide
protection for migrant children against such abuse;
5.2. through protection and assistance to the victims of violence,
to:
5.2.1. put in place measures to
ensure the safety of migrants during criminal justice procedures;
5.2.2. provide the necessary care for victims (medical treatment,
psychological and social assistance) without discriminating against
the migration status of victims and paying special attention to
vulnerable groups (women, children, and lesbian, gay, bisexual and
transgender (LGBT) people);
5.2.3. ensure that victims of violence in detention centres have
access to legal aid and can lodge complaints;
5.2.4. promote alternatives to migrant detention, in particular
for children;
5.2.5. inform migrants who are victims of violence of their rights
and of available remedies, and provide information on social services
through helpdesks or printed materials, for instance, so that they
can receive assistance;
5.3. through the prevention of violence by means of information,
awareness raising and integration, to:
5.3.1. in co-operation with non-governmental organisations, collect,
analyse and systematise information on violence committed against
migrants and share it with all related institutions;
5.3.2. provide training for law-enforcement personnel and prosecuting
and judicial authorities on how to deal with hate crimes and how
to assist the victims;
5.3.3. support the work of non-governmental organisations working
with victims of violence against migrants and promoting migrants’
integration;
5.3.4. raise the awareness of migrants and local host communities
about cultural and religious traditions, thereby promoting tolerance
and the social inclusion of migrants.
6. The Assembly considers that local communities play a major
role in preventing violence against migrants. The member States
of the Council of Europe should therefore empower local authorities
to support migrants’ integration through housing, social inclusion
and job creation programmes.