Realizing the International Human Right to Health for Noncitizens in the United States
Eleanor D. Kinney
Indiana University Robert H. McKinney School of Law
May 6, 2011
Notre Dame Journal of International, Comparative & Human Rights Law, p. 94, 2011
Individuals living in the United States who are not citizens comprise seven percent of the U.S. population. These non-citizens have a specific status under U.S. law, and that status dictates entitlement and access to health care benefits and services. And the news is not good. Individuals without so-called legal status suffer tremendous barriers to access to care and are harmed as a consequence. This article first examines what non-citizens of any country can expect in terms of health and health care by virtue of the existence of the international human right to health. Second, this article explores what non-citizens in the United States can expect in terms of health care under the laws of the United States. Finally, this article will examine how trade law and immigration law can be modified to improve access to health care among non-citizens in ways that conform to the norms established by the international human right to health. The article concludes with a statement of principles that should guide the recognition of the international human right to health for all who live in a country in which they are non-citizens.
Number of Pages in PDF File: 20
Keywords: immigration, human rights, right to healthAccepted Paper Series
Date posted: March 4, 2012
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