Right to Health

Mary E. Crock

Chapter 84 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 489-495 from Edward Elgar Publishing

Abstract: The right to health is a core tenet of international human rights law. Early instruments like the 1951 Refugee Convention did not make the right express. Article 12 of the ICESCR made the right to the ‘highest attainable standard’ of health non-derogable: state parties must comply with their obligations in all situations, even in emergencies. The absence of any qualification in Article 12 and the non-discrimination provision in Article 2 mean that the right to health applies to all people, regardless of nationality or immigration status. This has been confirmed in more modern conventions, including those relating to migrant workers, children, and persons with disabilities. Recent rights initiatives relating to migrants and refugees, including the Global Compacts, underscore the central importance of the right to health for all persons on the move. State practice, however, suggests that acceptance of obligations and compliance with international law in this field remain uneven.

Keywords: Health; Human rights; Migrants; Refugees; Migrant workers; Persons with disabilities; Migrant children (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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