The most relevant proposals in the Tidö Agreement for Delmi concern migration, integration, and the treatment of refugees. The compatibility of these proposals with international and European human rights law is questionable and requires careful scrutiny. This policy brief examines the specific milestones in the Tidö Agreement that impact the security of residence for refugees and migrants in Sweden, viewed through the lens of international and European human rights law.
The Policy Brief analyzes the proposals from two key perspectives: first, the legal standards under international and European human rights law related to refugees’ residence rights; and second, the broader situation for migrants in general. The author provides four recommendations for the next steps concerning these proposals.
Some overall conclusions and recommendations
-
All migration, integration, and refugee-related milestones in the Tidö Agreement should be implemented only after a comprehensive public inquiry.
-
Refugees and beneficiaries of international protection are safeguarded under international law from expulsion to any country where there is a risk of irreparable harm, regardless of grounds, and particularly not based on character assessments.
-
Any changes to the criteria under which migrants (who are not refugees) may face expulsion must clearly adhere to international and European human rights standards, and the case law of the European Court of Human Rights (ECHR), recognizing the primacy of human rights law over national legislation.
-
Sweden should actively promote and encourage migrants to apply for EU long-term residence status as soon as they are eligible, to ensure greater compliance with EU law and, where relevant, ECHR law.
About the author
Elspeth Guild is Jean Monnet Professor ad personam at Queen Mary University of London and Radboud University Nijmegen in the Netherlands.
This Policy Brief was published on October 14, 2024.