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Relations (28/02/2008) - Migrants’ right to health under the ECHR

Title: Migrants’ right to health under the ECHR

Date: 02/28/2008

Subject: The ECHR includes an “implicit” right to health shown by its case-law on life protection (art. 2), prohibition of torture (art. 3) and forced labour (art. 4), respect of private and family life (art. 8), freedom of consciousness and religion (art. 9). By virtue of its cosmopolitan mission, the Convention extends this rights to aliens and may thus offer an important ground for legitimating the reduction of inequalities with nationals. At the same time, the jurisprudential nature of this right to health, together with the carefulness of the judges in Strasbourg on migration policies, demands a serious scrutiny of the positive obligations incumbent to states when ensuring access to care, quality standards and structural prevention for everyone in their territory.

Original language: Italian

Classification: Solidarity - Art. 35 Preventive health care

Text download Italian