Fundamental rights for irregular migrants: legal entitlements to healthcare and school education across the EU28

Journal article

A recent study of the legal entitlements of irregular (undocumented) migrants in national laws across the EU28 reveals a polarity of entitlements to healthcare and school education. Entitlements have in both instances been extended in some Member States in recent years but there are also instances of further restrictions being imposed. The entitlements of children to healthcare are often greater than those of adults. While in some cases entitlements are explicitly provided for in law or regulations, in other cases the entitlement is implicit in a universal provision from which irregular migrants are not excluded. The pattern of entitlements does not appear to mirror potential explanatory factors such as national wealth or size of the irregular migrant population. The study explored entitlements in law, not the range of barriers which can in practice limit access to the service.

Authors: Spencer, S; Hughes, V

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Sweet and Maxwell
• Journal: European Human Rights Law Review
• Issue: 6
• Pages: 604-616
• Publication date: 2016-01-01
• Acceptance date: 2015-10-19
• ISSN: 1361-1526
• Language: English
• Keywords: health care; comparative law; member states; immigrants; SBTMR; right to education