485 Realizing the Right to Health of Illegal Immigrants in Europe: Legal Perspective and Social Challenges

Thursday, April 26, 2012
Abay Poster Exhibition and Hall (Millennium Hall)
Bogumil Terminski University of Warsaw, Poland
This speech will describe the problems faced by illegal migrants in access to national health care institutions in the countries of the European Economic Area. Right to health and access to health care are nowadays one of the most fundamental social human rights. Hovever, the European Union Law limits many social and economic rights of illegal immigrants, according to the principle of legality (e.g in expressed in the Charter of Fundamental Rights of the European Union). I will consider whether legality of residence should be an important factor limiting the access to the health assistance. I will also consider the problems facing illegal migrants in access to health care in EU countries and the consequences of this situation. My presentation will be focused on three basic issues and assumptions: 1. Presentation of the realizing the right to health within the EU common law. I will consider fundamental problmes facing in this regard some groups of migrants (such as illegal immigrants). I will answer the question whether the principle of “legality” based of the concept of legality of residence in EU law is not a specific form of indirect discrimination against migrants. 2. Implementation of the right to health in a more general way, especially int the context of international migrants in european welfare space. I will use right to health as a point of reference. I will describe access to health care in more general historical and social perspective. 3. Impact of EU countries migration policies on quality of life of various categories of migrant (especially in the context of access to health care and othersocial rights, and benefits). 4. I will describe the International Convention on the Protection of The Right of All Migrant Workers and Members of Their Families provisions concerning the rights to health, insurances healthcare access.

Learning Objectives: Show realizing the right to health as a highly diversed problem in Europe. I will describe legal, practical, historical and social frameworks of aforementioned problem.