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Benchmark policies and implementation measures in Bulgaria to ensure equal rights, responsibilities, and opportunities for all residents in becoming full members of society. Explore the strengths and weaknesses of these policies and their impact on migrants.
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Do all residents have equal rights, responsibilities and opportunities to become full members of society & Bulgarian citizens? Benchmark policies and implementation measures, according to European & international standards on Equal Treatment Public “Quick Reference Guide”
No official data on implementation, evaluation, and impact MIPEX clearly captures the policy & starts debate on rest: Strictly scrutinize policy objectives, progress, and results How do the strengths & weaknesses in policies affect migrants? What data do you have that laws & implementing measures are being properly implemented? Do we know what are the results of these laws for migrants? How are integration policies undermined by general problems of the rule of law?
7 Policy Areas for immigrants to participate in society: Labour market mobility* Family reunion* Education Political participation* Long-term residence* Access to nationality Anti-discrimination Covers 27 EU Member States, Norway, Switzerland, Canada, USA
Age limits for sponsor and/or Spouse/partner • 148 indicators were developed by MPG & research partners for the seven strands • Each policy indicator reflects law/policy passed by 31 May 2010 (200 questions x 31 countries) • Each is scored by national correspondent(s) based on legal texts • the country is scored on three potential responses per question • Scores are then peer reviewed (2nd independent expert(s) from the country) 1 2 3 Between 18-21 with exceptions FAMILY REUNION Age of majority 21 or over
Score • For each indicator: Country X • i.e. ‘age limits’ = 3 (100) 2) For each of 4 dimensions per strand (eligibility, conditions for acquisition, security of status, rights associated) i.e. 5 indicators on eligibility for family reunion = 75 (sponsors, spouses, minor children, dependent relatives, dependent adult children) The results for each indicator are weighted and aggregated: 3) For each strand i.e. 27 indicators on family reunion = 43 • 4) For each country • i.e. 142 indicators = 62
Similar rankings/distribution as other comparative codings Highly reliable scores: nearly similar latent concept Policy coherence and country clustering
Just 50%: Halfway favourable Political will counts, more than tradition Policies across EU more similar and strong with EU law
BG, EU: 4 strong, 3 weak, but BG scores below average & lack coherence • AD laws & bodies show greatest potential • EU12 transposed EU law on LMM, FreU, LTR, but retain wide discretion • Residence & discrimination law need full implementation with legal & clear rules • Like EU12, weak policies on education, nationality, esp. political participation • BG needs to expand its thinking on integration 26th 6th 27th 27th 23rd 19th 30th 28th
Areas of Strength: Basic protections for all against ethnic, racial, and religious discrimination, but weak state policies Newer countries (BG, HU, RO) create laws & bodies with great potential, but do victims, lawyers, judges use them?
Because of EU law, countries greatly and consistently improve Leading countries (e.g. UK, SE) make more state duties & make law more coherent & easy to use for victims...
Equal access is standard in only work migration countries (e.g. ES, IT) and leaders on economic integration 2nd Worst access to general support (most e.g. RO grant equal access for all TCNs to education, training &, public employment service) BG has some of greatest social security restrictions (equal access in half e.g. RO)
Areas of Strength: Basic legal right in all 21 allow dependent adults/parents (e.g. RO) Discretion weakens security of status in EU12 Basic security/rights for families, including right to autonomous residence, esp. for vulnerable (28)
Areas of Strength: Basic security/rights for long-term residents Fees in most other countries are below 150€ (RO ≈90€) Discretion also weakens security of status: what general & specific impact on immigrants?
Areas of weakness: Few migrants can participate politically on issues affecting them, esp. in EU12 Despite renewed interest, major reform needed.
Right to join political parties in 22 Local voting rights are part of best practice strategies (in 19 now, including 5 in EU12) Formal consultation body (e.g. ES, PT, GR, now EU, also informal in RO)
Areas of weakness: Besides BG’s clear test, criteria & withdrawal protections, it is missing out on EU reform trends: • Dual nationality (18, e.g. RO) • Some ius soli (15 e.g. GR) • Short residence period (5 years total, not as LTR)
Areas of weakness: Most grant equal access to all, but only address some specific needs & opportunities of migrant children, especially weak in new migration countries • Nordic data-driven mainstreaming • US targeting needs • CA multiculturalism for all • PT incremental, but central
Clear guarantees for undocumented pupils in compulsory (27) & at all levels (half) Most countries provide greater ongoing technical & financial support Need to fully support TCN languages (22) Leaders on intercultural education give central materials & guidelines to adapt curriculum to local diversity (e.g. ES, PT, UK)
Slightly favourable defs., 3 grounds in all areas (15) Slightly favourable procedures but still long, complex: potential NGO support, class action, many sanctions: Do? One of strongest equality bodies (Protection against Discrimination Comm.) Some state action but no info & dialogue duty (13) or contract equality duties (6)
In RO & EU12, same security weakness as family reunion LTR: 2nd most expensive gamble in EU: ≈505€