In Ireland, Supreme Court is considering right to work of asylum seekers

As formulated by Human Rights Watch “By not allowing asylum seekers to work, Ireland is an outlier among EU member states”.  

I reproduce hereafter an article from The Irish Times dated January 2017 on the denial of the right to work of asylum seekers in direct provision and provide my legal analysis from an international and European perspective.


 We would like in this post to express our support to the Irish campaigners who have long been campaigning for the removal of the governmental ban on the right to work of asylum seekers. The Irish governmental prohibition is  based on old- dated arguments that contradicts international human rights standards, human dignity, refugee law and is not supported by economical arguments. Let's hope that the Irish Supreme Court will be able to adopt a solution more in line with human dignity. 

Council of Europe Resolution 1994 (2014): Refugees and the Right to Work

We would like to draw the attention on the resolution 1994 (2014) of the Parliamentary Assembly of the Council of Europe called 'Refugees and the Right to Work' adopted in April 2014.

In this resolution the Parliamentary Assembly states that: 

Among member States of the Council of Europe, it is common practice to grant the right to work to refugees. Asylum seekers are usually also granted the right to work, although not immediately and often with restrictions such as secondary access to the labour market after other migrants and nationals.
Many barriers exist, however, which prevent refugees and asylum seekers from taking full advantage of the right to work. These include problems linked to insufficient language skills, lack of knowledge of the labour market, lack of training and work experience, and problems related to the recognition of qualifications and experience.

It makes sound economic and social sense to allow asylum seekers to work and to provide refugees with access to the labour market. The cost to the State will clearly be less if asylum seekers and refugees are employed rather than dependent on State support. Employment also contributes to a more cohesive society by encouraging and improving contacts between refugees, asylum seekers and the local community.

The Parliamentary Assembly considers that, taking into account international obligations and the existing European legal framework, member States should do more to ensure that refugees – including people with subsidiary protection – and asylum seekers gain access to and are better integrated into the labour market. More specifically, the Assembly recommends that member States: 

UNHCR released comments on the Reception Conditions Directive (recast)

Asylum seekers waiting for a decision on their application in the European Union must be provided with certain necessities that guarantee them a dignified standard of living according to the EU Reception Conditions Directive that set minimum standards that Member States should respect.

In the past (and present), diverging practices among Member States however led to an inadequate level of material reception conditions for asylum seekers. The Reception Conditions Directive establishes for this reason- and in order to create a level playing field within the EU- common standards of conditions of living of asylum applicants. The previous version of the Directive is still valid until 21 July 2015 when a new one (recast) becomes applicable. It ensures (in legal theory at least) that applicants should have access to housing, food, health care and employment, as well as medical and psychological care.

Article 15 of the Reception Conditions Directive (recast) grants the right to work to asylum seekers but allows for the restriction of this right by EU Member States (who remain free to adopt more favourable standards nevertheless as the Directive only sets minimum standards). EU Member States must transpose the disposals contained in the Reception Conditions Directive (recast) within their legal order by July 2015.

Article 15 of the Reception Conditions Directive (recast) states that: 

UNHCR comments on the draft General Comment on the Right to just and favourable conditions of work (article 7 ICESCR)

The UNHCR has released its Comments on the draft General Comment on the Right to just and favourable conditions of work (art. 7 of the ICESCR). As part of its mandate, UNHCR has a direct interest in the right to work for – and in that regard to just and favourable conditions of work for – asylum-seekers, refugees and stateless persons. This paper is a landmark contribution to promote the right to work of asylum seekers and refugees. It is a most welcome text for refugees' advocates as it details the rights of refugees TO work and AT work emanating from the Geneva Convention on Refugee Status and ICESCR and clarify their content. UNHCR is the international authoritative source in charge of interpreting Geneva Convention and provide guidance that should be followed by State, institutions and non-State agents. Full text is available here.

It is also worth noting that UNHCR recalls that it has established a Memorandum of Understanding (1983) with the ILO and in 2012 explored how labour mobility can facilitate durable solutions without undermining protection principles (UNHCR and the ILO co-organized a workshop in Geneva in September 2012 on "Labour Mobility for Refugees", more information available at: http://www.unhcr.org/pages/509a85da6.html).

In providing these comments, UNHCR seeks to draw attention to two important points. Firstly, refugees and stateless persons constitute an important group of persons with specific vulnerabilities in exercising their work rights. Secondly, although refugees and stateless persons’ work rights are more specifically protected under the 1951 Convention relating to the Status of Refugees (1951 Convention) 1 and its 1967 Protocol relating to the Status of Refugees and the 1954 Convention relating to the Protection of Stateless Persons (1954 Convention), respectively, the ICESCR constitutes an important additional source of rights for both groups. 

The ability to engage in decent work is a fundamental human right, integral to human dignity and self respect. For refugees, asylum-seekers and stateless persons, it can be crucial to their survival and self sufficiency. Indeed, without work rights, they cannot legally access labour markets, open businesses, trade in their goods, or earn wages. Work rights assist them to provide for their families and to contribute to their hosting communities.