Within this research project, we aim at exploring questions related to the access to asylum in the European Union (EU) in the context of the dilemma in the relationship between asylum-seekers and states.
The new BIM POSITION aims at outlining the perspective of the Ludwig Boltzmann Institute of Human Rights on critical elements of the European Union’s (EU) approach towards the institution of asylum. For this purpose, it examines selected aspects of EU policy and presents reflections on a possible way forward based on a conceptualization of the right to asylum.
In the framework of the project Judging the Charter the BIM is organising several seminars for legal practitioners.
Two basis trainings for judges on the Charter and its application in judicial have been held on 25.04.2017 in Wels and on 11.05.2017 in Vienna by the BIM in cooperation with the Federal Ministry of Justice.
Further seminars will be conducted on more specific issues of
The Charter and its application in practise - possibilities of application in concrete in the field of equality on 24.04.2018
Two Working Conferences have been organised in the framework of the project Judging the Charter in 2017. Both Conferences targeted judicial practitioners and aimed at providing platforms for the exchange of experience on questions of applicability and the challenges of implementing Charter rights in practice.
A first Working Conference on 29/30 March 2017 in Vienna was organised by the BIM in cooperation with the Federal Ministry of Justice.
The conference addressed the following issues:
Joint Statement to the European Committee on Legal Co-Operation of the Council of Europe on the codification of European Rules for the Conditions of Administrative Detention of Migrants
The Ludwig Boltzmann Institute of Human Rights issued its statement on a draft proposed to amend the Austrian asylum and migration law in specifically sensitive areas. The focus of the analysis lies on the human rights dimension of the proposal. The draft amendments are designed to implement a regime that provides the means for restricting the right to liberty of individuals seeking protection in Austria throughout the entire asylum and return procedure. Substantial questions regarding the conformity with international and European human rights law remain unanswered, while some provisions, such as on coercive detention in return proceedings, would even blatantly contravene EU law. In this light, the BIM declares itself against the adoption of this proposal.
In this BIM position, we address the question of differentiation on the basis of nationality from a fundamental and human rights perspective, using the example of the current proposal to grant asylum seekers from certain countries a legal entitlement to German language courses. For this purpose, we examine the significance of German classes for asylum seekers as well as the case-by-case nature of the asylum procedure.
The work of BIM can be divided into four areas: Basic research, applied research, education and teaching and consultancy and training. We do not work in all four areas in each of our key areas. However, it is important to us to install a translational research cycle for selected research questions. In our case, this means to carry out targeted basic research at the interface to applied research in order to make the results applicable to practice and to achieve a societal benefit.
Persons with Disabilities – Experiences with Violence and Discrimination
On 3rd December 2016, the International Day of Persons with Disabilities, we set a focus on experiences of violence and discrimination against persons with disabilities, who fled and seek protection in Europe.
So far only few studies exist, such as the one of FRA (Fundamental Rights Agency), of Handicap International and Help Age International and the University of Sydney, that are dealing with the specific situation of persons with disabilities on the move.