Criminalisation of Migration in Europe: Human Rights Implications

On 29 September 2008, the Council of Europe Commissioner for Human Rights (the Commissioner) issued a Viewpoint expressing his concern regarding the trend to criminalize the irregular entry and presence of migrants in Europe presented as part of a policy of migration management. He stated that ‘such a method of controlling international movement corrodes established international law principles; it also causes many human tragedies without achieving its purpose of genuine control.’¹ This Issue Paper builds on the concern of the Commissioner by examining, systematically, the human rights issues which arise from the phenomenon in Council of Europe member states of criminalisation of border crossing by people and of their presence on the territory of a state.

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