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Access to healthcare in Italy
- Article 32 of the Italian Constitution guarantees assistance to everyone under the national health-care system, based on the principles of universality and solidarity. This implies the compulsory enrolment in the National Health-Care Service (NHS) to all migrant children being on the national territory, regardless of their legal status.
Right to education for non-citizen children (multiple countries)
- United States of America
- The fundamental right of all children to education, regardless of their legal status, is recognized in Argentina, Belgium, Chile, Italy, Spain, Thailand, the Netherlands and Uruguay. In France, there is a ministerial circular to the same effect.
Italy guarantees to migrant children the right to education, regardless of their status, on the same terms as Italian children. The 1998 Immigration Act integrates the right to education in national legislation. It provides for the compulsory education of migrant children, the teaching of Italian, and the promotion of the culture and language of the countries of origin of migrant children.
Chile guarantees access to public education to migrant children and adolescents, regardless of their migration status (Ministry of Education, Ordinary Communication N°07/1008 of 2005).In 2016, a new procedure was established to facilitate the enrolment of irregular migrant children
The US Supreme Court ruled in the landmark Plyler v. Doe case in 1982, that it was a violation of the Constitution to deny irregular migrant children free compulsory education under the same conditions as citizens and regular migrant children. The legal ruling has been complemented by guidelines, for instance those produced by the National School Boards Association and the National Education Association, regarding legal issues and specific schools. A number of States have fully implemented this ruling to include access to other school-based services, such as free and reduced-price meals and educational assistance for children with learning disabilities.
In 2005, Thailand’s Ministry of Education instructed school directors to enrol all children, including irregular migrant children, so they could access free basic education.
Right to birth registration in Thailand
- In Thailand, the right to birth registration of children of irregular migrant parents is recognized in the Civil Registration Act (2008). In addition, the 2008 Nationality Act provides for the naturalization of specific categories of persons including children of irregular immigrants born in Thailand before 1992.
Access to healthcare in Portugal
- Through its Strategic Plan for Migration adopted in 2015, Portugal granted access to the National Health System to all residents, whether or not they have regular status.
Access to social services (multiple countries)
- Trinidad and Tobago
- In Argentina, Trinidad and Tobago and Uruguay, all migrants enjoy the same access to social services as nationals.
Trainee program for migrants in South Korea
- Republic of (South Korea)
- Until 2003, South Korea had no official provisions for the entry of temporary low-skilled foreign labor. Instead South Korea used its industrial trainee scheme which was originally intended to upgrade the skills of foreign workers employed abroad by overseas South Korean firms. In 2002, the government increased the number of industrial trainees under the foreign trainee program by 20,000, to 145,000. ... The presence of unauthorized foreign workers eventually caught the government's attention, and, in June 2002, it recognized the need to give temporary legal status to low-skilled foreign laborers for the first time. This initiative, known as the Employment Management System, was limited to temporary foreign workers in the service sector with Korean ancestors (mainly Chinese Koreans). Due to the program’s limited scope (in 2002, it issued 156 worker visas), it did not significantly decrease the number of unauthorized workers. In July 2003, the government introduced the Employment Permit System (EPS), a guestworker scheme, and the following year the Employment Management System and the EPS were made to operate side-by-side, with the government examining the number of workers in one when considering how many to admit into the other. ... When EPS was introduced, it gave many unauthorized foreign workers the opportunity to apply for a permit, depending on how long they had been in the country illegally. At the same time, unauthorized migrants who did not qualify for a permit were given a chance to leave the country without paying any fines. Foreign workers who had been in Korea for less than three years as of March 31, 2003 were able to stay for an additional two years at most. Those present for three to four years could leave Korea with an advance approval certificate to re-enter, and if they did so within three months of their departure, they could work for a maximum of five years, including their illegal stay in Korea. Those illegally present in Korea for more than four years were required to leave Korea or face deportation. This amnesty boosted the authorized foreign worker population by 57.2 percent—from 320,558 at the end of 2002 to 504,038 one year later.
Regularisation for migrants in Morocco
- Morocco has launched a second campaign to regularise the status of irregular migrants, opening its offices for applications on 15 December 2016. Building upon the successful first phase from 2014, the National Commission in Charge of Illegal Immigrants’ Regularization said the campaign seeks to regularise the largest possible number of migrants in an inclusive approach to migration.
Vulnerable migrants in Morocco prioritised for regularisation
- The most notable initiative was the campaign of regularisation of undocumented immigrants carried out in 2014 (1 January-31 December). e total number of applications submitted as of 31 December 2014 was 27,332, of which 17,916 were accepted.13 Applications submitted by women and children, which were 10,178, were all accepted.14 e residence permits have been automatically renewed for 2015. In December 2014, a National Immigration and Asylum Strategy was launched,15 including eleven immigrant integration programmes in all relevant elds.16
Conditions including residency at a specified address and reporting in the United Kingdom
- United Kingdom
- Temporary Admission on restrictions Temporary admission (TA) may be used for those liable to detention on arrival in the UK, ie those with no lawful basis of entry or pending a decision on entry being made. TA is granted subject to conditions which may include residency at a specific address and reporting at specified intervals to one of the Home Office reporting centres around the country or a police station. The frequency of reporting will vary from case to case.
Exceptional regularisation for migrants in Morocco
- Following the recommendations by the National Human Rights Council (CNDH) on 9 September 2013 and their endorsement by King Mohammed VI, the Moroccan Government announced that it would elaborate and implement a new asylum and migration policy in compliance with the country’s international obligations. One important aspect of the country’s new approach to migration has been the implementation of a one-time exceptional regularization process for irregular migrants, which started on 1 January 2014 and lasted until the end of 2014. Among 27,332 migrants from 116 countries, who applied to the Ministry of Interior for regularization, 17,916 were accepted, the majority being Senegalese (6,600) followed by Syrians (5,250). However, non-governmental organizations raised concerns over the strict criteria and evidentiary requirements for regularization, the insufficient training of the staff of the Office for Foreigner taking the applications, and the lack of consistent information on the appeals procedure.
Law prohibiting the detention of specific vulnerable groups in China
- The People’s Republic of China’s (China) Exit and Entry Law, which came into effect on 1 July 2013, aims to limit the use of immigration detention for vulnerable individuals.
The Exit and Entry Law excludes certain vulnerable migrants from detention including minors under 16 years of age, persons with disabilities, persons with serious illnesses, pregnant women, and those over 70 years of age.
The Exit and Entry Law also contains provisions allowing refugees and asylum seekers to stay in China after obtaining an identification card from public security authorities.
Additionally, the July 2012 revisions to the Procedural Provisions for the Handling of Administrative Cases by Public Security Organs also excludes other individuals from detention including: those who voluntarily ask for inspection by entry-exit department, pay fines, and buy tickets to voluntarily return to their home country; those who entered through irregular means and stayed, received no help from family members or embassies; survivors of trafficking; and foreigners married to Chinese nationals, especially those with children born in China.
Note: section 61 of the Exit-Entry Administrative Law simply prohibits the detention of vulnerable groups for "investigation", but says their "activity scope" may be restricted, i.e. they may not leave the restricted locations without approval of authorities. The period for restricting activity scope is not to exceed 60 days. Unclear if these vulnerable groups can be detained for other reasons other than "investigation"
Residence permits for people unable to depart the Netherlands
- Migrants whose applications have been rejected, including irregular, undocumented or unreturnable people, can be granted a residence permit for a limited time if they are unable to leave the Netherlands through no fault of their own. The permit is granted on condition that the migrant leaves the Netherlands if this becomes possible at a later stage. After 3 years, the holder of the no-fault residence permit becomes eligible for another residence permit for limited time. The applicant has to meet four stringent cumulative requirements: (i) they must prove that they have tried independently to leave the Netherlands (ii) the International Organisation for Migration (IOM) must have indicated that it is not able to assist them in leaving due to lack of travel documents (iii) Dedication by the Return and Departure Services to obtain the necessary travel documents must have been unsuccessful (iv) the applicant must show that he or she cannot leave the Netherlands through no fault of his or her own.
Decriminalising migration in Ecuador
- Ecuador's new migration law, the Organic Law for Human Mobility, affirms the right to migration and is captured by the catchphrase 'no-one is illegal.' The bill is aimed at updating the country's migration laws and bringing them in line with the 2008 constitution. Article 40 of Ecuador's Constitution specifies, “The right to migrate of persons is recognized. No human being shall be identified or considered as illegal because of his/her migratory status,” as well as detailing a list of obligations of the state towards migrants.
Long term impacts of regularisation program in Morocco
- The exceptional regularisation of irregular migrants in Morocco also demonstrates a potential to positively affect the dynamics of the flows. Many migrants that had been regularised under the campaign stated that they would now attempt to settle in Morocco and establish a life there, instead of moving on to Europe through dangerous and clandestine journeys.
Temporary residence permits for people unable to depart Finland
- Under Section 51 of the Aliens Act, aliens residing in Finland are issued with a temporary residence permit if they cannot be returned to their home country or country of permanent residence for temporary reasons of health or if they cannot actually be removed from the country. Temporary residence permits pursuant to Section 51 of the Aliens Act are granted for a period of one year at a time. Aliens granted temporary residence permits on such grounds have a restricted right to employment under Section 80, Paragraph 1, Subparagraph 6 of the Aliens Act. Pursuant to Se ction 54, Paragraph 5 of the Aliens Act, aliens who have been issued with a temporary residence permit under Section 51 be cause he or she cannot be removed from the country are issued with a continuous residence permit after a continuous residence of two years in the co untry if the circumstances on the basis of which the alien was issued with the previous fixed-term permit are still valid
Support for migrants in the United States
- United States of America
- Shelter for irregular migrants. Provides shared rooms, meals, clothing. Does not take any responsibility for enforcement. Gentleman’s agreement with authorities that they will not raid any place which is providing irregular migrants with their basic needs
Residence permits for people unable to depart Lithaunia
- A temporary residence permit may be issued to an alien if s(he) may not be expelled from the Republic of Lithuania or his/her expulsion from the Republic of Lithuania has been suspended due to refusal to admit by the state to which s(he) can be returned, medical condition or other objective reasons (eg. a travel document cannot be obtained) and if these circumstances have not disappeared within one year.
Utilising existing systems to provide for children in the Philippines
- Immigration Act of 1940 – Under Regulation 13, an undocumented or unauthorized arrival who seeks asylum may be released by order of the DOJ, given a certification of status in coordination with the UNHCR which is sent to the Immigration Commissioner who is completed to release the asylum seekers, who agrees to follow the requirements of the RSD process. The 1994 department order formalized the relationship between DOJ, UNHCR and NGOs. Children are released as a matter of course following referral to the Social Welfare Department, who support them in as guardians, as social workers, shelter and healthcare etc.