Human Rights
As many vulnerable migrants and refused asylum seekers are unable to work and often destitute, they are unable to pay for healthcare privately. Outside the NHS, there is little health care provision available to these groups.
Under the proposals many vulnerable migrants will essentially become an underclass with no access to health care. This is contrary to international human rights obligations.
All asylum seekers including those whose claims have been refused and the Home Office intends to remove from the UK, are still within the UK’s jurisdiction and therefore enjoy the rights set out in international human rights treaties that the UK has adopted. Any policy that denies them access to healthcare that others can freely access is a breach of their right to the highest attainable standard of health, as guaranteed by the ICESCR. Such policies can also threaten other rights, such as the right to life, which is guaranteed by the Human Rights Act.
The only free health care provision currently available outside the NHS are those services provided by the Refugee Council, Project London and the Helen Bamber Foundation. The care that these organisations can offer is limited. The primary purpose of each is to act as an advocate to facilitate entry into NHS care for clientpatients unable to access care themselves. While neither the voluntary sector nor the Government have any idea of the numbers involved, they are likely to be significant enough to overwhelm the few non NHS services currently available.
European Convention on Human Rights and Fundamental Freedoms
Articles 2 (protection of life), 3 (protection from torture and degrading treatment) and 8 (protection
of private and family life) of the ECHR are all applicable to the provision of healthcare (Joint Committee Human Rights, 2007).
Additionally, Article 14 requires that the rights and freedoms set forth in the ECHR be secured
without discrimination.
International Covenant on Economic, Social and Cultural Rights (ICESCR)
The ICESCR which, recognises the right of everyone to the
highest attainable standard of health, puts governments under a specific obligation not to limit equal access to health care. Any discrimination violates their rights, as guaranteed by Articles 2 and 12 of the ICESCR. The ICESCR is binding on every government that has ratified it. A great deal has recently been written about health and human rights in the UK, including by the Department of Health (DOH , Human Rights in Health Care, 2007 ) and the BMA (Asher J, Hamm D, Sheather J, 2007) but there is a disconnect between what is published and what goes on in hospitals and the community.
For Further Information:
• Hall P. Failed asylum seekers and health care. BMJ 2006; 333: 109-110
• http://www.aidsrightsproject.org.uk/uploads/6B4BA8A4-3048-2B65-C08E25B87C1E58FA/PHALLBMJarticle.pdf
- Joint comm on hr
