Cross-border legal protections play a significant role in determining whether or not refugees have access to essential medical services when they arrive in host countries. Refugees may face various challenges such as language barriers, cultural differences, lack of familiarity with local laws and customs, and limited financial resources that prevent them from accessing healthcare. As a result, the government must provide adequate protection for refugees' rights to access healthcare without discrimination based on their refugee status.
There are several cross-border legal instruments available to protect refugees' right to health care while preserving the sovereignty of the host country.
One of these instruments is the Geneva Convention Relating to the Status of Refugees, which was adopted in 1951. This convention provides fundamental rights to refugees, including freedom of movement, education, employment, and access to public relief programs. It also guarantees refugees the right to choose their place of residence and the right to be protected against expulsion except where strictly necessary for national security reasons or public order. Under this convention, states parties should ensure refugees receive the same treatment as citizens in terms of access to healthcare.
Another instrument is the UNHCR Guidelines on Applicable Law Relating to Access to Asylum Procedures and the Determination of Refugee Status under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees. These guidelines outline how refugees can access healthcare in different jurisdictions and clarify that refugees have the same entitlements as other categories of migrants regarding medical services. They emphasize that refugees should not face discrimination because they do not have the means to pay for healthcare services when they arrive in a new country.
The Universal Declaration of Human Rights (UDHR) recognizes everyone's right to the enjoyment of the highest attainable standard of physical and mental health without discrimination based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, disability, or other status. The UDHR requires governments to create conditions that would allow individuals to attain their full potential by providing them with adequate living standards, nutrition, housing, and medical care. Governments must ensure that all people have equal access to preventive, curative, and palliative healthcare.
The World Health Organization (WHO) also plays a critical role in promoting refugee health rights globally. WHO has issued several policy statements, including the Global Strategy on Migrant Health and the Framework of Engagement with Non-State Actors for Refugee Health. These frameworks provide guidance on how host countries can improve refugee health outcomes and reduce disparities in access to healthcare services. The WHO also provides technical assistance and support to governments and non-governmental organizations to develop policies and programs to improve refugee health.
Cross-border legal protections play an essential role in ensuring that refugees have access to medical services when they arrive in host countries. Various instruments exist to guarantee refugees' right to healthcare, but these instruments require strict implementation to protect refugees from discrimination and exploitation.
How do cross-border legal protections impact refugee access to care?
The cross-border movement of people seeking asylum can lead to complex legal issues that affect their access to healthcare services, especially when they are not protected by international law. This is because different countries have varying laws regarding the status of asylum seekers, which may limit their ability to receive medical treatment. In some cases, governments refuse to provide any assistance at all, while others offer limited support depending on the individual's circumstances.