Acts of solidarity, a violation of the law? Rumors are circulating that anyone who helps an illegal alien faces a prison sentence. Is this credible? The question is of great interest for Belgian citizens – as for all European citizens – because it is a question of knowing whether our migration policies are so repressive that they lead to the criminalization of aid. to undocumented immigrants.
Theme : Social justice
Author : France Malchair
Number of pages: 36 p.
Editor: Justice and Peace Commission
Year : 2010
Price: Downloadable for free – Paper version for €5
Migrants, a category of vulnerable individuals
**The scale of the migratory phenomenon
- Issues within immigration countries
- The institutional evolution of a common European action
**The vulnerability of illegal migrants
- Vulnerability indices
- The concrete problems encountered by illegal migrants
- The call for solidarity
The legal origin of the “crime of solidarity”
**The offense of aiding illegal entry, transit and stay
**From smugglers to “helpers”, the malleability of texts
- The ambiguity of the incriminated facts
- The intention of the author of the aid: a crucial element
- Taking into account the risks of “crime of solidarity” in the texts
**An exemption clause as a solution to the “crime of solidarity”?
- The “humanitarian” clause of European instruments
- The restrictive conditions of the French “humanitarian” clause
- The Belgian “humanitarian” clause, a model
**Within Europe, very different national situations
The “crime of solidarity”, myth or reality?
**When practice reveals the flaws
- The situation in France worries united citizens
- The situation in Belgium, less worrying and yet
**The impact of the “crime of solidarity” beyond the examples
**The “crime of solidarity”, the result of a desired ambiguity?
- The search for efficiency at all costs
- The “draw of air” theory
