El derecho a la acogida de emergencia de los migrantes sin papeles en Europa

Abstract

From 2015 to the present day, organisations providing services for homeless people have been overwhelmed by the increase in the number of migrants and asylum seekers seeking protection arriving in Europe. This situation raises the question of how to ensure their reception in terms of access to accommodation and other basic rights. This article aims to call for the guarantee of the right to emergency accommodation for all ersons, regardless of their regularity status. To this end, it analyses states’ obligations under international law and European and international jurisprudence concerning this right. A comparison is made between different EU member states in order to draw conclusions on the respect of international obligations in emergency reception at the local level and the possibilities for improvement in line with basic human rights. It concludes that, despite the fact that states are committed to complying with the international conventions to which they are party, in reality there is a wide gap between the obligations that international law imposes and the practices and regulations at the national level