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Health, Migration and Return: A Handbook for a Multidisciplinary Approach

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Edited by: Peter J. van Krieken

ISBN13: 9789067041287
ISBN: 9067041289
Published: March 2001
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £60.00



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What can and should be done if a rejectee or an illegal alien claims to suffer from a serious illness which can only be treated in the country where a residence permit has been sought and/or refused? Should health be considered and accepted as a ground for granting an alien access to a specific country and its health services? A debate concerning these and other health, migration and return issues is much needed as answers to the challenging questions involved should be formulated. Various disciplines should take an active role in the discussion as fences need to be taken down: the legal experts and migration lawyers need to know the medical and societal implications, the ethics involved have to be clarified, the role played by the North-South relationship has to be determined and, finally, medical staff need to be informed of the human rights issues at stake. This Handbook, with contributions by experts from WHO, IOM and academia, contains a wealth of relevant background documents and also offers a complete overview of theories from various disciplines.;It will serve as a basis for a wider debate, covering: + the right to health + medical norm-setting + ethics + the right to migration + the duty to return + health and migration + Strasbourg case law + the need for information and harmonization. Health, Migration and Return analyses the intricate relationship from a variety of perspectives. It will provide important tools to the legal and medical professions and will also become an indispensible source for policy makers, the executive, the media, students and all others interested in issues of migration.

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Contents:
Preface Willibald Pahr
Acknowledgements
Introduction Peter van Krieken
The Noordwijkerhout First Steps
1. HUMAN RIGHTS AND HEALTH:
1.1 The human rights debate: health Johan Feitsma
First and second generation: indivisibility Peter van Krieken, Willibald Pahr and Cees Flinterman
Right to health Andre den Exter, Herbert Hermans, Peter van Krieken and Birgit Toebes
General comments Peter van Krieken, Andre den Exter, Herbert Hermans and Cees Flinterman
1.2 Legal texts: health
1.3 General comment on the right to health GC 14 (2000)
2. HEALTH:
2.1 International norms: a survey on WHO's standard-setting Sabrina van Miltenburg
2.2 Diseases
2.3 The WHO model list of essential drugs as a standard of care? Hans Hogerzeil
2.4 The WHO essential drugs list
2.5 Sachs, The Economist and Health
2.6 Third world realities: examples of non-inclusion Pierre Mercenier
3. ETHICS:
3.1 Ethics, sovereignty and migration Berry Tholen and Myron Weiner
3.2 The ethics and principles of health care provisions Heleen Dupuiss
3.3 Health care and migration: Some ethical remarks Raoul Wirtz
3.4 Compassion, solidarity and its limits: a moral dilemma Jacques de Milliano
4. HUMAN RIGHTS, MIGRATION AND RETURN:
4.1 The human rights debate: migration and return Johan Feitsma and Frans Bouwen
Migration and health: no escape Peter van Krieken
The legal status of rejectees Kirk Grimmer and Erik Palinsky
Return, principles and problems
4.2 Legal texts: migration and return
4.3 The general comments on migration GC 15 (1986)
GC 27 (1999)
5. Health and migration:
5.1 Health determinants in migrants: the impact of population mobility on health Brian Gushulak
5.2 Emerging health challenges in the context of migration Manuel Carballo
5.3 Health related movements Ivan Forgacs
Health care and health-related migration in the former socialist countries Willem Beaumont
In-country movements: similarities between North and South Herbert Hermans and Andre den Exter
Cross-border services: the Maastricht triangle
5.4 Migration health Monique Besseling
5.5 In no position to help asylum seekers Jeroen Corduwener
5.6 Treatment sur place
5.7 An overview of the health aspects of return in the immigration context Brian Gushulak
6. LEGAL PRACTICE:
6.1 Strasbourg: the search for criteria Peter van Krieken
Drawing the line Maud de Boer-Buquicchio Kai Traskelin
Deportation and serious illness in legal praxis
6.2 Legal texts: ECHR
6.3 Strasbourg Case Law Cruz Varas v. Sweden
D. v. UK
Bamba Bamba v. France
Tatete v. Switzerland
Tanko v. Finland
Karara v. Finland
SCC v. Sweden
6.4 Praxis: the need for information and harmonization Christopher Baker
Bibliography
Abbreviations
Contributors/participants.