Migrants

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Following the exhaustion of available legal avenues of redress in the Republic of Korea (Korea), this communication was submitted before the UN Committee on the Elimination of Racial Discrimination (Committee) in 2012. The case concerns mandatory tests for HIV/AIDS and illegal drugs use required of foreign teachers of English in Korea. Korean citizen teachers and ethnic Korean noncitizen teachers are not required to undergo such scrutiny.

In 2004 Botswana’s Secretary of Health circulated an internal directive to public medical facilities informing them of a Presidential Directive authorizing “provision of free treatment to non-citizen prisoners suffering from ailments other than AIDS.” HIV-positive Zimbabwean prisoners filed lawsuits challenging this directive after being denied free Anti-Retroviral Therapy (ARV).

The International Federation of Human Rights Leagues (FIDH) claimed in a petition before the European Committee of Social Rights (which judges compliance of State parties with the European Social Charter) that France had violated the right to medical assistance (Article 13 of the Revised European Social Charter) by ending the exemption of illegal immigrants, with very low incomes, from charges for medical and hospital treatment.

This legal opinion is presented in response to a request by the Author to provide an expert view on issues raised in Communication No. 2348/2014 that may be of assistance to the Human Rights Committee (Committee). 

The members of ESCR-Net’s Strategic Litigation...

Center for Economic and Social Rights, Medicos del Mundo, Red ACOGE and the International Network on Economic, Social and Cultural Rights affirm access to health care is still not guaranteed to all migrants in Spain.

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Members and allies, in collaboration with the Strategic Litigation Working Group, assess the decision of the Spanish Government to restore undocument migrants' access to health services

The Higher Social Court of North Rhine-Westphalia asked the German Federal Constitutional Court to decide whether the cash benefits for asylum seekers provided under section 3 paragraph 2 of the Asylum Seekers Benefit Act comply with the constitutional right to a minimum standard of living.

Petitioners challenged the 2009 decision of the State of Massachusetts to exclude a group of legal immigrants from its Commonwealth Care Health Insurance Program. Plaintiffs alleged that such exclusion violated the Equal Protection Clause recognized by the Constitution of Massachusetts.

Country: 
Nepal
Working Group(s) / Area(s) of Work: 
OP-ICESCR
Country: 
United Kingdom
Working Group(s) / Area(s) of Work: 
OP-ICESCR