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The UN calls on Spain with respect to immigrants’ right to health

Carmen Munteanu - Communications Coordinator

7 May 2014

The United Nations (UN) raised their concern on the changes adopted by the Government of Spain in 2012, reducing access to the public health system for migrants without documents, with the exception of pregnant women and children. This measure "is not in line with the human rights obligations" undertaken by Spain, said the UN expert on extreme poverty and human rights, Magdalena Sepúlveda, in a letter sent to the Spanish Government in November 2013.

Sepúlveda resumed this issue at the end of last month. "It is time for the Government of Spain to change course", said Ms. Sepúlveda, showing that "Spain has (...) obligations concerning access to health care, including for migrants, whatever their (...) status".

The statement comes as a consequence of the findings made by the European Committee on Social Rights, who found in January 2014 that Spain’s exclusion of undocumented migrants from access to free health care violates European human rights law. Although the Spanish Government justified this measure by the cost reductions in the health system, experts believe that the long term effects could be, on the contrary, an increased expenditure, by an over pressure on the emergency systems and the need to administer more expensive treatments than those in the primary health care.

In the opinion of the Rapporteur, the alleged reason of public health expenditure reduction cannot be used to undermine the constitutionally protected right to health and physical integrity.

Source: OHCHR