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The Principle of Accessibility as a Core Element of a Human Rights-Based Approach to Undocumented Migrants’ Right to Health

The Principle of Accessibility as a Core Element of a Human Rights-Based Approach to Undocumented... Seventy years after the Universal Declaration of Human Rights, access to health care remains strongly unequal. Undocumented migrants represent a particularly discriminated group in many countries. With the aim of investigating the root causes of such inequality, the article provides a theoretical analysis of the right to health care in the international and regional legal frameworks. On such basis, it examines, from a comparative perspective, the different health care systems adopted in France, Italy and Switzerland and the concrete obstacles to accessibility that ensue from each system. The study adopts a human rights-based approach which focuses on four interrelated dimensions of the principle of accessibility which are pivotal in linking a legal system to its application: non-discrimination, physical accessibility, economic accessibility and information accessibility. This article concludes by arguing that the adoption of a human rights-based approach centred on the principle of accessibility can contribute to a better understanding of the obstacles to undocumented migrants’ effective access to health care and therefore to the full implementation of their rights. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Comparative Law and Governance Brill

The Principle of Accessibility as a Core Element of a Human Rights-Based Approach to Undocumented Migrants’ Right to Health

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
2213-4506
eISSN
2213-4514
DOI
10.1163/22134514-00503002
Publisher site
See Article on Publisher Site

Abstract

Seventy years after the Universal Declaration of Human Rights, access to health care remains strongly unequal. Undocumented migrants represent a particularly discriminated group in many countries. With the aim of investigating the root causes of such inequality, the article provides a theoretical analysis of the right to health care in the international and regional legal frameworks. On such basis, it examines, from a comparative perspective, the different health care systems adopted in France, Italy and Switzerland and the concrete obstacles to accessibility that ensue from each system. The study adopts a human rights-based approach which focuses on four interrelated dimensions of the principle of accessibility which are pivotal in linking a legal system to its application: non-discrimination, physical accessibility, economic accessibility and information accessibility. This article concludes by arguing that the adoption of a human rights-based approach centred on the principle of accessibility can contribute to a better understanding of the obstacles to undocumented migrants’ effective access to health care and therefore to the full implementation of their rights.

Journal

European Journal of Comparative Law and Governance – Brill

Published: Sep 16, 2018

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