CEU Electronic Theses and Dissertations, 2024
| Author | Lomtadze, Tatia |
|---|---|
| Title | Irregular Migrants??? Right To Health: Legal And Practical Dynamics In International And European Human Rights Law - A Case Study Of Spain |
| Summary | There have always been ethical, practical and legal challenges towards irregular migrants and the ambiguity continue to exist when discussing their right to health. Particularly, the disparity regarding the interpretation of the right to health within the International and European Human Rights Law has real implications for the lived experiences of irregular migrants as they often find themselves targeted by State-imposed restrictive measures, especially during times of crisis. In 2012, Spain introduced austerity measures through the enactment of Royal Decree-Law 16/2012, which significantly restricted healthcare access for irregular migrants. As a result, thousands of irregular migrants lost access to medical services overnight. From 2012 until 2018, Spain saw an unprecedented social mobilisation at the domestic level and coordinated advocacy within the International and European Humann Rights bodies, urging Spanish Government to change its healthcare policy from exclusion to inclusion. Considering this context, this research aims to analyze how right to health is protected under International and European Human Rights Law and to what extent Human Rights bodies can address the practical and legal challenges surrounding irregular migrants’ right to health. Based on the analysis of the case study, this research finds that, the role of the Human Rights bodies in these legal frameworks are indeed important but not always decisive to uphold irregular migrants’ right to health from arbitrary limitation. Thus, when coordination at the international level combines with the social mobilisation at the domestic level this really enhances the pressure on the States and positively affects the outcome of the process. Keywords: irregular migrant, right to health, healthcare access, advocacy, social mobilization |
| Supervisor | Winkler Inga |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/lomtadze_tatia.pdf |
Visit the CEU Library.
© 2007-2021, Central European University