The EU Pact on Migration and Asylum Doesn’t Protect People with Disabilities

Human Rights Research Center
4 hours ago
5 min read

Author: Ana Budeanu

Author: March 31, 2026

HRRC acknowledges the efforts of the European Union (EU) to establish clear asylum rules, to guarantee people’s rights, and to put in place EU standards for refugee status qualifications, but emphasises that any policy involving refugee protection must adhere to the principles found in the EU Charter of Fundamental Rights and the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD), to better protect disability rights.

Asylum seekers stuck by lack of disability rights in the EU Pact on Migration and Asylum. [Image credit: European Disability Forum]

The European Union (EU) Pact on Migration and Asylum – a comprehensive framework of new rules to manage migration and establish a common asylum system at the EU level, is set to enter into application in June 2026, after completing a two-year transition period. The Pact is designed to achieve effective outcomes around migration while remaining strictly anchored in fundamental European values of human rights..

The European Commission previously presented the European Asylum and Migration Management Strategy in January 2026, which is meant to guide the implementation of the Pact over a period of five years. The Commission considers the system put in place by the Pact to be “both fair and firm.”

However, detractors – such as the European Disability Forum and International Refugee Assistance Project (IRAP) – say that the EU Pact on Migration and Asylum has been built without taking people with disabilities into account. Among the gaps they identify are patterns of discrimination faced by persons with disabilities in detention and return procedures; inaccessibility and/or discrimination faced by many with disabilities to reception and screening procedures, and exclusion from social protection and risks of institutionalisation.

EU countries such as Cyprus, Ireland, and Slovenia have also addressed the lack of protection granted to vulnerable groups such as people with disabilities and victims of human trafficking. For example, Cyprus plans on submitting a 240-page long bill to amend the Pact on Migration and Asylum to better protect vulnerable groups, while Ireland has put forward its own e bill which contains additional safeguards for people with disabilities –stipulations which do not appear in the original EU act.

The brief presented by IRAP and EDF also proposed a number of recommendations in order to make the EU Pact of Migration and Asylum more aligned with international disability rights, including embedded disability inclusion across all elements of the EU Asylum and Migration Pact and ensuring equal access to healthcare, income support, and community-based services, regardless of legal status.

With the EU Pact on Migration and Asylum entering into application on the 12th of June 2026, it remains to be seen how disability rights shall be seen and applied, and whether any recommendations proposed by human rights organizations and member states will be adopted..

Glossary

Application: The formal request submitted by a person seeking international protection (asylum) in an EU member state.
Asylum: A form of protection granted by a state to a person who is unable or unwilling to return to their home country due to a well-founded fear of persecution.
Bill: A draft of a proposed law presented to a parliament for discussion (e.g., Ireland’s International Protection Bill 2026).
Detention: The deprivation of liberty by a state, holding a person in a restricted area (like a border center) while their legal status is determined or return is organized.
Disability: A long-term physical, mental, intellectual, or sensory impairment which, in interaction with various barriers, may hinder a person's full and effective participation in society.
Disability Rights: The legal and human rights entitlements of persons with disabilities, ensuring equality, accessibility, and dignity without discrimination.
Discrimination: The unfair or prejudicial treatment of people based on characteristics such as race, gender, or disability.
Economic eligibility: In the context of the Pact, this often refers to whether a person qualifies for financial aid or social benefits based on their income or assets.
European Asylum and Migration Management Strategy: A 5-year strategic framework set by the EU to coordinate how all member states manage migration and asylum collectively.
EU Charter of Fundamental Rights: A legally binding document that enshrines the basic rights—including the right to asylum and non-discrimination—that the EU and its states must respect.
European Commission: The executive branch of the EU responsible for proposing legislation (like the Pact) and ensuring that EU laws are correctly implemented.
European Union (EU): A political and economic union of 27 European countries that operate through shared laws and a single market.
Exclusion: The legal process of denying a person asylum because they have perpetrated crimes against peace, war crimes, or crimes against humanity, or those found to have committed serious non-political offenses prior to seeking protection in the host state, as well as individuals guilty of acts contrary to the purposes and principles of the United Nations.
Family Reunification: The right of a person with legal status to have their family members join them in the host country to preserve the family unit.
Human trafficking: The illegal trade of humans for the purpose of forced labor, sexual slavery, or commercial exploitation through force or deception.
Implementation: The process of putting a law into practice; for the Migration Pact, this includes changing national laws and building new border facilities by June 2026.
Institutionalisation: The placement of persons (often those with disabilities or elderly) in large-scale residential institutions rather than supporting them within a community.
Migration: The movement of people from one place to another, whether for work, safety, or personal reasons, involving a change of residence.
Reception procedures: The initial, crucial phase upon arrival, focusing on meeting immediate needs (shelter, food, medical screening) and initiating registration, documentation, and vulnerability assessments.
Return procedures: The legal and administrative steps taken by a state to send a person back to their country of origin or a safe third country if their asylum claim is rejected.
Screening procedures: (in asylum procedures) The mandatory initial interview conducted by immigration officials to formally register a request for international protection, verify identity, and document essential travel and health information. This stage encompasses the collection of biometric data, including photographs and fingerprints, and a preliminary assessment of the claim to establish the subsequent procedural pathway. (For EU Pact on Migration and Asylum) The mandatory 7-day initial checks (identity, health, security, and biometrics) conducted on all irregular arrivals at the EU border.
Social protection: In general, the set of policies and programs designed to reduce poverty and vulnerability. For migrants and refugees, this includes access to healthcare, housing, and financial assistance.
Stipulations: A formal legal requirement or condition specified within a contract or law. In the context of the Pact, this refers to the specific "fine print" of the 10 regulations.
UN Convention on the Rights of Persons with Disabilities (CRPD): An international treaty that protects the human rights of disabled people; the EU and all its member states are legally bound by it.
Vulnerable groups: Individuals who may have special needs or be at higher risk of harm, such as children, the elderly, victims of torture, and persons with disabilities.

References

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The EU Pact on Migration and Asylum Doesn’t Protect People with Disabilities

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