Extent of the Protection of the Right to Health of Undocumented Minors : Legal Standards in International Human Rights Law and Practical Barriers in Selected EU Member States
Conti, Angelica (2023)
Conti, Angelica
2023
Julkaisun pysyvä osoite on
https://urn.fi/URN:NBN:fi-fe20231027141740
https://urn.fi/URN:NBN:fi-fe20231027141740
Tiivistelmä
The right to health is a fundamental entitlement for all individuals, but certain groups, such as undocumented minors, face barriers that hinder their access to this right. Regrettably, there has been limited research dedicated to addressing this critical issue. Guided by this premise, this thesis explores the right to health of undocumented minors by employing a doctrinal and comparative method, examining international human rights law instruments and EU legislation. The need for a comprehensive rights framework is emphasized, considering the unique vulnerabilities of undocumented minors. The analysis reveals a gap in specific legal instruments for migrant children but highlights the significance of principles such as the best interest of the child and the non-discrimination. While states often prioritize sovereignty, non-binding instruments demonstrate a desire to expand protection for undocumented minors.
Practical barriers hinder access to healthcare for undocumented minors, with states offering limited services, mainly emergency care, and neglecting mental health support. Factors such as cost, communication challenges, fear of reporting to migration authorities, and social stigma further obstruct access. Following a comprehensive examination of the practical barriers faced by migrants in an irregular situation, the thesis adopts a comparative approach by examining the policies of selected EU member states. The comparison highlights the significant variations in healthcare policies among them, exacerbated by the EU’s limited coordination powers in healthcare and migration. Notably, undocumented minors encounter healthcare access barriers in every EU member state, even those with more accommodating policies.
The thesis advocates for comprehensive measures to ensure healthcare access for undocumented minors, despite sovereignty concerns. Recommendations include augmenting the number of interpreters, establishing firewall systems, improving communication, reducing healthcare costs, and adopting a holistic approach to addressing undocumented minors’ well-being. Moreover, the urgency of proactive measures is underscored, calling for further research to get more comprehensive and useful data.
Practical barriers hinder access to healthcare for undocumented minors, with states offering limited services, mainly emergency care, and neglecting mental health support. Factors such as cost, communication challenges, fear of reporting to migration authorities, and social stigma further obstruct access. Following a comprehensive examination of the practical barriers faced by migrants in an irregular situation, the thesis adopts a comparative approach by examining the policies of selected EU member states. The comparison highlights the significant variations in healthcare policies among them, exacerbated by the EU’s limited coordination powers in healthcare and migration. Notably, undocumented minors encounter healthcare access barriers in every EU member state, even those with more accommodating policies.
The thesis advocates for comprehensive measures to ensure healthcare access for undocumented minors, despite sovereignty concerns. Recommendations include augmenting the number of interpreters, establishing firewall systems, improving communication, reducing healthcare costs, and adopting a holistic approach to addressing undocumented minors’ well-being. Moreover, the urgency of proactive measures is underscored, calling for further research to get more comprehensive and useful data.
Kokoelmat
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