Findings for Czech Republic

Tool to compare, analyse, and improve integration policy

• Do all residents have equal rights, responsibilities and opportunities to become full members of society & Czech citizens?

• Benchmark policies and implementation measures, according to European & international standards on Equal Treatment

• Public “Quick Reference Guide”

For debate today

• 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?

Largest and most rigorous study of its kind (148 policy indicators)

7 Policy Areas for immigrants to participate in society:1)Labour market mobility* 2)Family reunion* 3)Education 4)Political participation* 5)Long-term residence* 6)Access to nationality 7)Anti-discrimination

•Covers 27 EU Member States, Norway, Switzerland, Canada, USA

Background on indicators

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)

Age limits for sponsor and/or

Spouse/partnerAge of majority

1 2 3FAMILY REUNION

Between 18-21

with exceptions21 or over

Background on scores

Score

1) 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)

3) For each strand i.e. 27 indicators on family reunion = 43

4) For each countryi.e. 142 indicators = 62

The results for each indicator are weighted and aggregated:

Key Findings

EU Average ≈50%: Halfway favourable Political will counts, more than tradition

Policies more similar and strong with EU law

Several new migration countries lead:GR, PT, ES, LU

Several others catch up on basics (EE, HU, LV...)

CZ +4 All because of Anti-Discrimination Law 198/2009

No other change in legal opportunities to integrate (but discretion in system changing implementation?)

• EU12 transposed EU law on LMM, FreU, LTR, but retain wide discretionResidence laws need full implementation with legal & clear rules

• Like EU27 average, weak on education & nationality• Like EU12, very weak on political participation• Unlike EU27, only halfway on fighting discriminationCZ needs reform for fully successful integration

10th

25th

15th

19th

29th

19th

15th

13th

Anti-discrimination

Because of EU law, countries greatly and consistently improve legal conditions for societal integration

CZ last to catch up, major progress to meet ‘minimum’

Anti-discrimination

‘Existing constitutional provisions’ not enough2X score, from worst & unfavourable to ‘halfway’ • Race/ethnicity ground• At least Public Defender of Rights now equality body• Protection against victimisation• Wider sanctions, access to legal aid & interpreters

Anti-discrimination

‘Minimum approach’ new & some of weakest in EU

• Religion ground in all areas (15, soon PL)

• Stronger & active Equality Body (BG,HU,RO)

• NGOs improve & use procedures (SK progress)

Equal access is standard in countries in lead or attracting migrant workers

Rights as favourable as unfav:• Should enforce equal working conditions (most)• Also law does not provide equal access to jobless benefits (unlike half) & public job services (unlike most)

Little attention to specific needs

Labour marketmobility

Family reunion

EU Areas of Strength:Basic legal right, residence & socio-economic rights for reunited families

Inclusive definition of family, but nearly all MS do not require sponsor’s permit to be permanent

Too many grounds remain for refusal, withdrawal, autonomous permits

Long-term residence

EU Areas of Strength:Basic security/rights for long-term residents

In CZ like EU12, few basic legal conditions can be applied with wide discretion: wide grounds, no guarantees for migrants with ties

Long-term residence

If properly implemented, LTR language test can be example of reducing unequal treatment & setting basic, professional conditions for all applicants to succeed

Political participation

Despite renewed interest, reform needed, esp. EU12

Gaps on political rights: 9 in Central Europe

Missing out on Voting Rights as ‘best practice’ (HU, SK...)

Regional integration centres miss chance for migrant self-organisation & consultation (see S. Europe)

Access to nationality

Areas of weakness:Despite years of talk on reform, missing out on EU reform trends: • Dual nationality (18) • Ius soli (15, e.g. DE, GR)• Short residence period (3-7 years total, not 10

Secure once citizens, but discretion undermines the ‘average’ conditions

Education

Areas of weakness:Most grant equal access to compulsory education, teach national & immigrant languages, & some form of intercultural education

• In CZ not for all legal TCNs• Schools retain discretion on implementation• In half, undocumented pupils access all school levels

Using MIPEX to improve integration policies (in Czech Republic???)