Right of access to health care for undocumented migrants in EU : a comparative study of national policies

The aim of this article is to characterise policies regarding the right of access to health care for undocumented migrants in the 27 member states of European Union and to identify the extent to which these entitlements are congruent with human rights standards. MethodsThe study is based on a questionnaire sent to experts, non-governmental organisations and authorities in the member states between April and December 2009, as well as on available reports and official websites. Primary sources were also consulted as regards legislation. ResultsRight of access to health care differs considerably between member states. States can be grouped into three clusters: in 5 countries undocumented migrants have the right to access care that is more extensive than emergency care; in 12 countries they can only access emergency care; and in 10 countries not even emergency care can be accessed. These variations are independent of the system of financing or the numbers of undocumented migrants present. Rather, they seem to relate to the intersection between practices of control of migration, the main types of undocumented migrants present, and the basic norms of the welfare state – the ‘moral economy’ of the work society. ConclusionInternational obligations articulated in human rights standards are not fully met in the majority of member states. A more complete understanding of the differing policies might be obtained by considering the relationship between the formal and informal economy, as well as the role of human rights standards within the current ‘moral economy’