Author: Antonella Patteri, Institute of Law Studies, Polish Academy of Sciences (INP PAN)
EU Member States, bodies, and agencies implementing EU law have human rights obligations towards third country nationals (TCNs) returning or being returned to countries of origin and transit. Returning individuals should be undertaken with full respect of their human rights and dignity. Indeed, all migrants, irrespective of their status, nationality and identity, are entitled to the protection provided under international and EU human rights law, international refugee law, and applicable domestic law.
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Recommendation 1: AVR(R) programmes design ought to be rethought to allow for the effective safeguard of human rights, of which the principle of voluntariness constitutes the backbone of this type of return. To achieve this, it is suggested to clearly separate AVR(R) pathways to differently account for voluntary returns and incentivised (enforced) returns.
Recommendation 2: Bringing forward Recommendation 1, human rights monitoring in AVR(R) should be introduced. Current applications of monitoring in AVR(R) would benefit from shifting their main focus from reviewing assistance activities and the work of service providers to increasing oversight and accountability over the human rights of returnees. Monitoring processes could increase the legitimacy of return policies and practices by realising the right to return ‘humanely’.
Recommendation 3: Overall, human rights considerations should be at the forefront of AVR(R) procedures. The formalisation of good practices of human rights protection enlisted in this Brief – that safeguard, prevent and mitigate human rights risks of returnees, – together with a review of relevant limitations, would enhance the practical application of legal standards and principles already part of AVR(R)-related policies. Ensuring the correct implementation of such practices represents a recommended step forward for the fairer treatment of all EU returnees.