Documento elaborado por PICUM (Platform for international cooperation on undocumented inmigrants) con fondos de la Comunidad Europea bajo el Community Action Programme
to Combat Social Exclusion 2002 – 2006.
Recomendaciones del documento:
1. Respect international obligations
European Union member states should comply with international obligations and therefore progressively guarantee that the right to the highest attainable standard of physical and mental health is enjoyed by all regardless of administrative status.
The right to health care for undocumented migrants is guaranteed in the following United Nations conventions and declarations and European conventions:
• UDHR – Universal Declaration of Human Rights, Art 25
• ICERD – International Convention on the Elimination of All Forms of Racial Discrimination, Art 5 (e-iv)
• ICESCR – International Covenant on Economic, Social and Cultural Rights, Art 12 (1) and General Comment 14 to the ICESCR, paragraph 34
• CRC – Convention on the Rights of the Child, Art 24(1), 25, 39
• CEDAW – Convention on the Elimination of All Forms of Discrimination Against Women, Art 14 (2b)
• ESC – European Social Charter (Revised), Art 13
• ECHR – Convention for the Protection of Human Rights and Fundamental Freedoms, Art 3.
Member states should not deny or limit equal access for all persons to preventive, curative and palliative health services.
2. Particularly vulnerable groups of undocumented migrants.
Member states should especially address the health care needs of particularly vulnerable groups of undocumented migrants (e.g. children, pregnant women, the elderly, disabled, people with severe chronic diseases e.g. HIV / AIDS) and strive to equally meet their needs on the same basis as for the comparable national population.
3. Ensure implementation of entitlements
Member states should take the necessary measures to guarantee that undocumented migrants’ entitlements to health care are uniformly implemented by regional and local authorities.
4. Ensure access to information about entitlements
Member states should ensure that information about undocumented migrants’ entitlements is accessible to all actors involved and eliminate all practical barriers that prevent undocumented migrants from enjoying their entitlements to health care.
5. Detach health care from immigration control
Patient-related medical conﬁdentiality should not be undermined by direct or indirect reporting mechanisms.Member states should detach health care from immigration control policies and should not impose a duty upon health care providers and health administrations to denounce undocumented migrants.
6. Civil society should always play a complementary role
The ultimate responsibility in providing health care to undocumented migrants rests on the national government. Civil society plays a role of facilitating health care to undocumented migrants, but this shall only be complementary to the duties of the government.
7. No criminalization of humanitarian assistance
Providing humanitarian assistance to undocumented migrants should not be criminalized. Member states should not criminalize civil society for providing health care and health-related assistance to undocumented migrants.
8. Include undocumented migrants in Social Inclusion-Social Protection Process
Member states and EU institutions should include undocumented migrants within the European Social Inclusion-Social Protection Process and the National Action Plans (NAPs).
9. Civil society involvement in consultation processes
Civil society organizations, health care providers working with undocumented migrants and local authorities responsible for public health should participate in regular reporting and consultation processes, to inform authorities and policy makers about barriers encountered by undocumented migrants in accessing health care.
10. Ratify the International Migrant Workers’ Convention
Member states should ratify and implement the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which stipulates in Article 28
“Migrant workers and the members of their families shall have the right to receive any medical care that is urgently required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of equality of treatment with nationals of the State concerned. Such emergency medical care shall not be refused them by reason of any irregularity with regard to stay or employment”