Realizing the International Human Right to Health for Noncitizens in the United States

Notre Dame Journal of International, Comparative & Human Rights Law, p. 94, 2011

20 Pages Posted: 4 Mar 2012  

Eleanor D. Kinney

Indiana University Robert H. McKinney School of Law

Date Written: May 6, 2011

Abstract

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.

Keywords: immigration, human rights, right to health

Suggested Citation

Kinney, Eleanor D., Realizing the International Human Right to Health for Noncitizens in the United States (May 6, 2011). Notre Dame Journal of International, Comparative & Human Rights Law, p. 94, 2011. Available at SSRN: https://ssrn.com/abstract=1833400

Eleanor D. Kinney (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States
2741912 (Phone)

HOME PAGE: http://indylaw.indiana.edu/people/profile.cfm?Id=17

Paper statistics

Downloads
64
Rank
286,219
Abstract Views
836