In a report on the rights of foreigners, the Defender Jacques Toubon emphasizes unjustified differences in treatment reserved for foreigners.
“This logic suspicion permeate the entire French right.” the Human rights Defender is clear: the treatment of foreign nationals living in France is not the same as other citizens. In a report released Monday, Jacques Toubon believes that many obstacles “hindering the access of foreigners to the fundamental rights” normally guaranteed, due to widespread distrust.
“Today, the idea of different treatment to people without French citizenship , to grant them fewer rights than nationals “” usual and agreed “, summarizes the report. And remember that “far from being natural and immutable, the rules of law dedicated to foreign (…) sometimes based on subjective considerations, fluctuating, protectionism footprints or xenophobia ” highlights the 300-page text.
The report and notes the existence of two phenomena. First, the margin of maneuver left to the authorities to deal with different situations resulting in this context of mistrust, tougher decisions than those provided by the law. On the other hand, this mistrust leads to cases of discrimination that have no legal basis but persist because of the current state of mind.
A margin of discretion left to the authorities
in the first part devoted to the arrival of foreigners in the territory, Jacques Toubon is concerned, for example, the tendency to refuse short-stay visas due to the “migration risk”, ie the risk that the applicant does not leave the country on expiry of their residence permit. The argument often advanced, could be “too systematic” although existing in law. Similarly, visas for professional reasons are sometimes rejected for lack of financial guarantees, but that the decision is justified.
These two types of denial “may affect the right to lead a normal family life and interfere in professional life, “says the report. Although the legislation allows the possibility for the administration to take such decisions, “this does not exempt taken into account in the review of the visa application, the fundamental rights of foreigners” , said the Defender of rights.
on the french territory, the report also point “barriers to the right to ask the border to asylum” and “in the waiting area, rights deprivation source “and the long time required for examination of their application in prefecture or expulsion measures” the merits questionable. “
to avoid over-reliance and these unjustified grounds and to end discrimination based on nationality, Jacques Toubon recommends that Foreign Ministers and Interior give instructions to consular authorities , recalling the rules in force, and ensure that a “clear information” is issued to visa applicants of their rights and constraints.
equal treatment “sorely tested”
The report s’ interested also in a second part, situations that deprive foreigners of their human rights, without legal foundation. “Out of the royal field of entry and stay of foreigners, aliens are in principle in access to rights, to equal treatment with nationals” , the text recalls . A principle undermined, as the defender of rights, “the objectives of immigration control” and “trivialization of political discourse around the” immigration problem “” .
Evacuations camps, prohibition to return to an evacuated town, internal notes targeted “families” Roma “” many situations in which “freedom to come and go” was restricted without that an objective of public policy can really be advanced. Equal treatment is also “under strain” when specific conditions concerning social benefits are in place, that particular constraints restrict access to employment or that the brakes exist in access to housing.
the “myths” to “deconstruct”
These behaviors are favored by “ideas” on migration, said the Defender. fear of the ‘pull factor’ that would result from a policy respecting the rights of foreigners or the idea that he would “make a sorting between” good “aliens and “bad” “are factors of severe and unequal policy. “It is in this context that develop preconceptions, myths, often fueled by fear” , sets the report, saying that “it is the duty of the actors in advocacy contribute to deconstruct. ”
A passing deconstruction, concludes the text, for the attention to the words used. “Migrants, refugees, illegal, undocumented immigrants, exiles are many words rarely used interchangeably” says Jacques Toubon. Focusing on the word migrant , the report estimates that he “tends to be used, especially in the inappropriate expression” migrant crisis “to disqualify people, denying them entitled to protection by treating them migrants’ economic ” whose motivation would be “less legitimate than the one related to the escape of war or persecution.” The Defender therefore considers that the name refugee is “double-edged” because it can encourage this distinction which “led to discredit and suspicion on exiles “
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