Journal Articles
Should irregular migrants have the right to healthcare? Lessons learnt from the Spanish case
This article critically evaluates the Royal Decree-Law 16/2012, which regulates migrants’ access
to public healthcare services in Spain. In particular, it examines the political rationale behind
the restriction of migrants’ access to primary and specialised healthcare services. We depart
from the right to health as it is defined in the Spanish and international legislations to
deconstruct three arguments used by the Popular Party government – the administrative
status, high health costs and possible pull effect of welfare policies – to legitimise irregular
migrants’ exclusion from full medical coverage. We contend that the Royal Decree-Law 16/2012
not only fails to meet the requirements of a human rights based approach but it may also be
economically inefficient in the medium to long term.
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