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
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