Europe: Criminalisation of Existence

Justine Dofal. The political approach to poverty issues in Europe is undergoing a troubling transformation. Access to rights, social protection, and efforts to reduce inequalities are increasingly being sidelined in favour of policies that individualise, render invisible, and criminalise those in precarious and vulnerable situations. Economic austerity, the steady rise in housing costs, and reduced purchasing power are pushing these groups towards survival strategies that border on legality, such as the informal economy, begging, living in street encampments, or squatting. Member states of the European Union are intensifying the criminalisation of these minor offences. Locally, numerous authorities ban begging or sleeping on the streets. Informal housing solutions and squats face increasingly frequent and harsh evictions by law enforcement. Drug use or sales are punished rather than managed. This trend contributes to an overcriminalisation of the individuals involved. Thus, European policies increasingly treat poverty not as a societal issue requiring structural intervention, but as a moral failing and a social problem, placing the blame solely on individuals by criminalising them for their circumstances rather than their actions.

Elodie Hut. The assessment of migration policies, whether of the European Union (EU) or its member states, is also deeply concerning. Migrants are often incorrectly portrayed in political and media narratives as threats to the economic, cultural, and security stability of countries. Since the early 2000s, migration policies have increasingly adopted a security-focused approach, leading to the creation of a Fortress Europe “Ending Fortress Europe”. This approach has resulted in the heightened criminalisation of migrants and their advocates: stricter migration controls, tougher detention and custody conditions, restrictions on asylum rights, and offences of “solidarity.” At the same time, externalisation policies have become more common. These have allowed European countries to outsource the management of migration flows to hybrid or authoritarian regimes—despite these being labelled as “safe third countries” on Europe’s external borders (Algeria, Egypt, Libya, Morocco, Mauritania, Tunisia, Turkey, etc.) and to “contain” incoming migrants. It is very likely that the new EU Pact on Migration and Asylum, enacted by the European Council in May 2024, will intensify these trends. Numerous civil society organisations are attempting to raise awareness and alert political leaders to the potential risks of arbitrary detention, racial profiling, and forced repatriations.

JD. The number of people in extreme poverty across Europe continues to rise, with an increasing number being identified as “homeless” or “adrift”. At the same time, accessing welfare support and social housing is becoming more complicated. As a result, these individuals often find themselves with no way out, lacking mechanisms to sustainably lift themselves out of precarity. Forced to adopt alternative, sometimes illegal, survival strategies, they increasingly encounter the police, the justice system, and even imprisonment. They are caught in a detrimental cycle where poverty leads to deviance—and even criminality—which in turn heightens social stigma and entrenches their poverty and exclusion. Thus, the policies discussed above carry undeniable costs for vulnerable individuals. But it’s also important to consider the broader societal cost. Criminalisation of poverty policies directly fosters, sustains, and exacerbates poverty, social inequality, as well as inadequate housing and homelessness. Studies show that maintaining people in economic vulnerability and homelessness is more costly, socially and economically, than implementing long-term housing solutions. Tackling the structural causes of poverty holds substantial collective benefits.

EH. Current migration policies are leading to numerous human lives lost. The enhancement of migration controls at Europe’s external borders, coupled with the criminalisation of NGOs engaged in maritime search and rescue, has made these crossings more perilous than ever. The “Missing Migrants” project by the International Organization for Migration, tracking since 2014, reports nearly 30,000 migrants missing in the Mediterranean Sea. Externalisation policies not only perpetuate the smuggler’s trade but exacerbate it, thereby intensifying the exploitation and violence faced by migrants. Additionally, these policies maintain an atmosphere of widespread xenophobia that hides the violations of migrants’ rights within Europe and heightens their socio-economic vulnerabilities. This structural racism manifests in the unequal—and potentially discriminatory—conditions of access to housing, employment, education, and healthcare, in the commonplace nature of hate speech, and in the racial profiling that impacts both migrants and racialised individuals seen as migrants.

JD. Civil society not only plays but must continue to play a significant role in political advocacy for effective social policies. It is responsible for highlighting, through both research and practical engagement, the shortcomings of current policies and for proposing recommendations for policies aimed at structurally combating poverty. We believe in the pivotal role of civil society in reshaping the narrative around poverty and in offering discourse and terminology that reflect the actual conditions on the ground. Through its experience, civil society can alter perceptions and help implement an approach based on rights access, non-discrimination, and addressing the structural causes of societal challenges. For this to be effective, it is essential for civil society organisations to organise themselves at various levels around shared narratives and to collectively promote the same messages and recommendations, from local communities up to international bodies.

EH. Despite facing significant resistance, civil society indeed has an essential role in developing a counter-narrative that could help soothe migration discourse, dismantle prejudices, and eliminate the numerous discriminations that stem from them. The goal is to normalise the phenomenon of migration, which, due to its obvious historical and geopolitical continuity, is not intended to “stop”. The focus must also be on emphasising the cultural and economic benefits of migration for both host and origin countries. This task becomes particularly challenging as prevailing narratives often portray migration as a “crisis” or a “threat”, stirring irrational emotions like fear rather than being based on objective facts. Furthermore, civil society’s efforts to combat xenophobia and racism are frequently undermined by those advocating a stringent immigration stance and are even actively criminalised by governments. Given the significant gains made by far-right parties in the European elections of 2024, it is crucial for civil society to maintain its role as a counterforce.