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

Laws, 5(1): 9 (2016)

22 Pages Posted: 27 Feb 2016

See all articles by Veronika Flegar

Veronika Flegar

University of Groningen

María Dalli

Human Rights Institute, University of Valencia

Brigit C.A. Toebes

T.M.C. Asser Instituut

Multiple version iconThere are 2 versions of this paper

Date Written: February 25, 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.

Keywords: preventive health care; undocumented migrants; right to health; human rights indicators; underlying determinants of health

Suggested Citation

Flegar, Veronika and Dalli, María and Toebes, Brigit C.A., Access to Preventive Health Care for Undocumented Migrants: A Comparative Study of Germany, the Netherlands and Spain from a Human Rights Perspective (February 25, 2016). Laws, 5(1): 9 (2016). Available at SSRN: https://ssrn.com/abstract=2738000

Veronika Flegar (Contact Author)

University of Groningen ( email )

P.O. Box 800
9700 AH Groningen, Groningen 9700 AV
Netherlands

María Dalli

Human Rights Institute, University of Valencia ( email )

Serpis 29, 1º 1ª
Valencia, Valencia E-46022
Spain

Brigit C.A. Toebes

T.M.C. Asser Instituut ( email )

P.O. Box 30461
2500 GL The Hague, 2517JN
Netherlands
31703420344 (Phone)
31703420346 (Fax)

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