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

Author

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  • Veronika Flegar

    (Department of Constitutional Law, Administrative Law and Public Administration, University of Groningen, Groningen 9712 CP, The Netherlands)

  • María Dalli

    (Human Rights Institute, University of Valencia, València 46022, Spain)

  • Brigit Toebes

    (Department of International Law, University of Groningen, Groningen 9712 CP, The Netherlands)

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.

Suggested Citation

  • Veronika Flegar & María Dalli & Brigit Toebes, 2016. "Access to Preventive Health Care for Undocumented Migrants: A Comparative Study of Germany, The Netherlands and Spain from a Human Rights Perspective," Laws, MDPI, vol. 5(1), pages 1-22, February.
    • Handle: RePEc:gam:jlawss:v:5:y:2016:i:1:p:9-:d:64490
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    References listed on IDEAS

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    Cited by:

    1. Silvia Loi & Daniela Vono de Vilhena, 2020. "Exclusion through statistical invisibility. An exploration on what can be known through publicly available datasets on irregular migration and the health status of this population in Germany," MPIDR Working Papers WP-2020-009, Max Planck Institute for Demographic Research, Rostock, Germany.

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