Human Rights Watch says EU policies risk undermining the rights of migrants and asylum seekers

On 4 February 2026, Human Rights Watch published World Report 2026, its annual review of human rights worldwide. In a chapter on the European Union, the report highlights concerns that EU policies and Member State actions may undermine the rights of migrants, refugees, and asylum seekers. It notes, inter alia, restrictions on access to asylum, measures aimed at increasing removals, and the transfer of responsibility to third countries. The report also draws attention to human rights issues at EU borders and deaths at sea.

Human Rights Watch highlights several concerns regarding the treatment of migrants, refugees, and asylum seekers in the European Union. Among these, three key issues stand out.

First, the report notes that some Member States (Poland, Greece, Finland, and Germany) have reportedly restricted or suspended access to asylum procedures. The report also observes that EU-level policies increasingly favour the swift rejection of asylum applications, the shift of responsibility for asylum seekers to countries outside the EU and higher rates of removals. The organisation notes that these measures may limit access to protection prior to the full implementation of the 2024 EU Pact on Migration and Asylum.

Second, the report draws attention to the European Commission’s proposed 2025 Return Regulation, intended to replace the 2008 Return Directive. Human Rights Watch expresses concern that the proposal’s provisions (expanding the use of detention and extending detention time limits, removing safeguards against unsafe returns and paving the way for the creation of so-calle "return hubs" in countries outside the EU) could expose individuals to harm and undermine fundamental procedural guarantees.

Third, the organisation raises concerns about ongoing human rights violations at EU borders and limited accountability. It highlights rulings by the European Court of Human Rights against Greece for systematic pushbacks, as well as pending cases concerning Italy, Poland, Latvia, and Lithuania. The report also notes that at least 1.549 people reportedly died or went missing attempting to reach EU territory by sea during the first nine months of 2025, mainly in the central Mediterranean.

Additionally, Human Rights Watch shares other concerns, including about EU policies on safe country designations, new rules on human smuggling, and the planned expansion of Frontex’s mandate.

For more details, see the chapter on the European Union in World Report 2026.

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