FRONTEX ltl EUROPEAN BORDER AND COAST GUARD AGENCY Fundamental Rights in return operations The non-disclosed part contains personal data of experts involved in the development of this Course Descriptor. The disclosure would undermine the protection of privacy and integrity of those individuals. In light of the above, the text is not disclosed pursuant to the exception laid down in the first indent of Article 4(1)(b) of Regulation (EC) No 1049/2001 relating to the protection of personal data.

What are fundamental rights? •!• Minimum standards to ensure that a person is treated with dignity. •!• Universal legal guarantees belonging to all human beings. Human Rights vs. Fundamental Rights •!• The two terms refer to the same content and substance. Interchangeably. •!• The term ' fundamental rights ' is used in a constitutional context whereas the term ' human rights ' is used in international law. ~ FRONT EX Ill EUROPEAN BORDER AND COAST GUARD AGENCY

Fundamental Rights: an integral part of in,tegrated border management "The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter, relevant international law - including the 1951 Convention Relating to the Status of Refugees, the 1967 Protocol thereto and obligations related to access to international protection, in particular the principle of non-refoulement." - Regulation 2016/ 1624, Art. 34. 1 i5S FRONT EX Ill EUROPEAN BORDER AND COAST GUARD AGENCY

European Border and Coast Guard Regulation enhances fundamental rights safeguards in operations by: ■ Establishing complaints mechanism •Cast mandatory training on FR protection and access to asylum procedure before deployment ■ Revision of operational plans and evaluations compliance with fundamental rights •Child protection and vulnerable groups expertise among members of the teams, specially in operations ■ Protection of vulnerable groups - information and addressing to referral mechanism •Supporting vulnerability assessment of external borders to include capacity to deal with massive flows •The Agency and Member States shall comply with fundamental rights and the principle of non-refoulement in their cooperation with Third Country partners ~ FRONT EX Ill     EUROPEAN BORDER AND COAST GUARD AGENCY

"'C: .... 0 ~ ~ QJ c. 0 C: L. ::, ~ QJ ~ .... C: .....,a ~ C: QJ E ,a "'C C: ::, LL

Code of Conduct for JRO coordinated by Frontex Fundamental Rights Art 4              Coercive Measures Art 6 a) JROs are conducted in a          a) Use only when strictly humane manner and in                necessary (individual risk) compliance with FR. b) Use proportional and with b) JRO can be interrupted or           reasonable force terminated in case of c) No measures that can provoke unsafety or serious violations asphyxia or use of sedatives. of fundamental rights . Obligation to report all violations of the Code of Conduct ES FRONTEX Ill  EUROPEAN BORDERANDCOASTGUARDAGENCY

Fundamental Rights obligations in return operations National law European Union (EU) law ►    Charter of Fundamental Rights of the European Union (EU Charter) ►    Return Directive 2008/115/EC ►    European Border and Coast Guard Regulation 2016/1624 International law ►   European Convention on Human            ►   Convention against Torture and Other Rights (ECHR)                               Cruel, Inhuman or Degrading (formally the Convention for the          Treatment or Punishment (United Protection of Human Rights and            Nations Convention against Torture) Fundamental Freedoms)                 ►   International Covenant on Civil and ►   European Convention for the                 Political Rights (ICCPR) Prevention of Torture and Inhuman or Degrading Treatment or Punishment ►   ALL FORESEE TO HAVE MONITORING MECHANISMS sS FRONT EX Ill EUROPEAN BORDER AND COAST GUARD AGENCY

Registration and Identification of persons With regard to return, and in accordance with the respect for fundamental rights, the Agency shall: •!• coordinate the use of relevant IT systems and •!• provide support to the Member States on consular cooperation for the identification of third-country nationals and the acquisition of travel documents SPECIFIC CHILD PROTECTION EXPERTICE: Best interest of the child, Unaccompanied minors, families with children& other links, access to child protection systems, etc. ~ FRONT EX Ill  EUROPEAN BORDER AND COAST GUARD AGENCY

Referral to international protection procedures Participants in Frontex activities shall promote, in full compliance with the principle of non-refoulement, that persons seeking international protection: •!• Are recognized •!• Receive adequate assistance •!•Are informed, in an appropriate way, about their rights and relevant procedures •!•Are referred to national authorities responsible for receiving their asylum requests ~ FRONT EX Ill  EUROPEAN BORDER AND COAST GUARD AGENCY

Access to Asylum Procedure: EASO- Frontex tool In the operational plan for joint operations at the external borders shall be included: ■ Procedures whereby persons in need of international protection [ ... ] are directed to the competent national authorities for appropriate assistance" Regulation 2016/1624, Article 16 (3) 1. ALL OPERATIONAL PLANS include the authority and procedures. 2. All PRE DEPLOYMENT BRIEFINGS in hotspots include a presentation about the tool on access to the Asylum procedure (Poster, FAQ, Practical Guide, and pocket book, a video in preparation) 3. Difference in statistical compilation (centralized vs regional) make difficult a comparison of needs and assessment 4. Next step: registration of asylum referrals? ~  FRONT EX Ill      EUROPEAN BORDER AND COAST GUARD AGENCY