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Laws 2016, 5(1), 9; doi:10.3390/laws5010009

Access to Preventive Health Care for Undocumented Migrants: A Comparative Study of Germany, The Netherlands and Spain from a Human Rights Perspective

1
Department of Constitutional Law, Administrative Law and Public Administration, University of Groningen, Groningen 9712 CP, The Netherlands
2
Human Rights Institute, University of Valencia, València 46022, Spain
3
Department of International Law, University of Groningen, Groningen 9712 CP, The Netherlands
*
Authors to whom correspondence should be addressed.
Academic Editor: Rhonda Powell
Received: 12 January 2016 / Revised: 16 February 2016 / Accepted: 17 February 2016 / Published: 25 February 2016
(This article belongs to the Special Issue The Intersection of Human Rights Law and Health Law)
View Full-Text   |   Download PDF [240 KB, uploaded 25 February 2016]

Abstract

The present study analyzes the preventive health care provisions for nationals and undocumented migrants in Germany, the Netherlands and Spain in light of four indicators derived from the United Nations Committee on Economic, Social and Cultural Rights’ General Comment 14 (GC 14). These indicators are (i) immunization; (ii) education and information; (iii) regular screening programs; and (iv) the promotion of the underlying determinants of health. It aims to answer the question of what preventive health care services for undocumented migrants are provided for in Germany, the Netherlands and Spain and how this should be evaluated from a human rights perspective. The study reveals that the access to preventive health care for undocumented migrants is largely insufficient in all three countries but most extensive in the Netherlands and least extensive in Germany. The paper concludes that a human rights-based approach to health law and policy can help to refine and concretize the individual rights and state obligations for the preventive health care of undocumented migrants. While the human rights framework is still insufficiently clear in some respects, the research concedes the added value of a rights-based approach as an evaluation tool, advocacy framework and moral principle to keep in mind when adopting or evaluating state policies in the health sector. View Full-Text
Keywords: preventive health care; undocumented migrants; right to health; human rights indicators; underlying determinants of health preventive health care; undocumented migrants; right to health; human rights indicators; underlying determinants of health
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

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MDPI and ACS Style

Flegar, V.; Dalli, M.; Toebes, B. Access to Preventive Health Care for Undocumented Migrants: A Comparative Study of Germany, The Netherlands and Spain from a Human Rights Perspective. Laws 2016, 5, 9.

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