Austerity measures are negatively impacting on the human rights of torture survivors seeking asylum in Europe. In the last of Freedom from Torture's Expert Blog Series, the United Nations' Special Rapporteur on extreme poverty and human rights, Magdalena Sepúlveda Carmona, shows how the situation for those seeking protection in the UK and Europe has deteriorated.
Since I started my mandate as Special Rapporteur on extreme poverty and human rights in 2008, the world has been shaken by the global economic crisis and its continuing ramifications. One of my major concerns has been the way in which the devastating effects of the crisis on persons living in poverty around the world have been compounded rather than relieved by austerity measures taken by governments.
The groups that are most vulnerable to poverty and social exclusion are those who are bearing the brunt of the cumulative impacts of these measures, including, survivors of torture seeking asylum in Europe. One of the most concerning aspects from my point of view is the restricted ability of asylum seekers, including those who are torture survivors, to access the financial support and services which underpin their social and economic rights.
In 2007, even before the adoption of austerity, a report by the European Commission found that many States were not complying with the 2003 Council of Europe Directive laying down minimum standards for the reception of asylum-seekers in all member states, including a dignified standard of living. However, the situation has only got worse since 2008.
"In the UK, asylum seekers are forced to live on national asylum support allowance, which currently totals just £36.62 per week - approximately half of the comparable Income Support rate of £71.10. This amount is insufficient to meet basic living needs, with increasing food prices placing even basic goods such as fresh fruit and vegetables out of reach. Dietary deficiencies, including a lack of protein, have been identified by clinicians working with survivors of torture as negatively affecting cognition, concentration and ability to engage fully in therapy."
In addition, many torture survivors in receipt of asylum support in the UK report that they are unable to attend essential medical appointments due to an inability to pay travel costs. Others are unable to buy essential items such as over the counter painkillers, nappies and sanitary items.
In many EU countries, asylum seekers are not allowed to work while their cases are being decided – a process which often takes many months or years. After my mission to Ireland in 2011, I criticized the Direct Provision System, which was denying asylum seekers access to welfare benefits and work. As I emphasized, ensuring access to the labour market is an essential element of human rights enjoyment and should take priority over political concerns such as the supposed "pull factor" for new asylum seekers. In the UK, asylum seekers granted permission to work since 9 September 2010 are restricted to jobs on the shortage occupation list, which predominantly includes highly specialised fields such as production directors in mining and energy.
Living without access to work for extended periods of time severely affects a person's social inclusion as well as their capacity to return to work in future. The exacerbated poverty and social exclusion could also have an impact on their right to health. Simultaneously torture survivors are facing greater barriers to accessing health services in European countries where they are seeking asylum.
In some parts of the UK, asylum seekers who have reached the end of the asylum process are unable to access free non-urgent secondary healthcare – which includes childbirth services. New government proposals on migrant access to the NHS seek to widen charging for healthcare, including for accident and emergency services.
Torture survivors have pressing and particular health needs, due to the psychological and physical trauma they have suffered. This is only worsened if they are unable to access adequate healthcare. Increased vulnerability and mental health difficulties may jeopardize their ability to present their asylum claims, especially now cuts to legal aid in the UK and other European countries leave many individuals without adequate legal advice or representation.
Under the International Covenant on Economic, Social and Cultural Rights (ICESCR), European States are obliged to ensure that asylum seekers and refugees enjoy an adequate standard of living, the right to the highest attainable standard of physical and mental health (which includes access to health services and medicines), and the right to decent work. These rights compliment the provisions of the 1951 Refugee Convention. Therefore even if the financial environment is not favourable, States cannot use this as an excuse to make cuts that affect these fundamental rights, and they must particularly avoid cuts that have a disproportionate impact on disadvantaged groups – such as asylum seekers.
Clearly, if people are not provided with access to work, education, and health, it will be more difficult for them to integrate in or contribute to society and they and their children are more likely to be driven into absolute and long-term poverty. We must not allow states to continue using the excuse of the financial crisis to backpedal on their responsibilities to those in need. Asylum seekers' economic and social rights cannot be wished away just to meet arbitrary cost-cutting targets. Ultimately, wouldn't we all rather live in a society that welcomes and supports those who are fleeing persecution and torture, and provides them with opportunities to use their skills and potential, and to live a life of dignity?