DE ORTUZAR Maria Graciela
congresos y reuniones científicas
The Health rights of migrants and refugees: solidarity, justice of autonony
Congreso; 15th World Congress of Bioehics; 2020
Institución organizadora:
The aim of this paper is to shed light on changes in international and national (Argentine) regulations on the health rights of migrants and refugees. The methodology consists of analyzing how key concepts like solidarity, justice, autonomy, and the human right to health care are applied in normative and bibliographic documents. By way of example, in article 7 of the New York Declaration (UN; 2016) and in article 11 of the WHO?s Promotion of Universal Health (2016), the humanitarian, solidarity-based vision of migrants is displaced, thus alternating the framework of human rights in migration. The new securitist doctrine considers the health care of migrants a question of justice, demanding ?universal health coverage? (WHO 2016; DNU 986/2016 Argentina). Paradoxically, though, as the health care of migrants, insofar as a right (?In no case can access to the right to health be denied to any foreigner that requires it, regardless of legal status,? Migration Law 25871/2003, art.8, Argentina), enters the realm of justice, migrants are being required to contract ?private insurance? (Argentina?s Law 6116/2019, 2). I conclude that the notion of universal coverage opens the door for the privatization of the health care of migrants. It therefore contradicts the understanding of justice as (a) a solidarity cooperative system in which burdens and benefits are distributed to promote equal access to the right to health care (Daniels,1988; Sen, 2010); and (b) integral, intercultural, and intersectional (gender, ethnicity, class, indigeneity, sexuality, ability) recognition of migrants? health (Fraser, 2006) as central to their autonomous development.