Access to healthcare : a human rights perspective

Abstract

The study aims to analyse the themes that emerge due to the convergence of case law and access to healthcare. Additionally, the dissertation seeks to develop policy recommendations that strengthen fair access to healthcare. Using a qualitative research design, the study concentrated on analysing case law regarding access to healthcare for migrants and access to reproductive healthcare. The key themes identified in the analysis on access to healthcare for migrants focused on the flexible definition of the standard of healthcare that states must maintain in accordance with international legal instruments. Furthermore, court judgements highlighted the challenge of discriminatory access to healthcare, an inadequate standard in the quality of mental healthcare and environmental and physical conditions in relations to health status. The analysis focusing on reproductive healthcare emphasized obstacles in accessing reproductive healthcare, challenges in balancing state policy with individual rights, and the importance of providing protection of minors in healthcare access. The policy recommendations developed focused on safeguarding access to comprehensive abortion treatment from obstacles arising from conscientious objection, and improving living conditions for migrants in detention centres whilst taking into consideration mental health services. Furthermore, states should ensure equal access to healthcare for children, and enact regulations to protect individuals seeking reproductive healthcare from harassment.