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Differential access to social protection system and benefits - Do some or more categories of migrants minorities or stateless/non-citizens face limitations and restrictions?

Code:
RED91
Key Area:
Health And Social Protection
Strand(s):
Discrimination, Equality
06/01/2012 - 11:21
Short Answer

Yes

Qualitative Info

Some groups declare more than the others to have been refused health care services over the last twelve months: 13% of men from Tunisia and Morocco as well as from Sahelian Africa (to be compared to 9% of men of the majority population); 15% of women from Algeria, Sahelian Africa, and Guinean and Central Africa (to be compared to 12% of women of the majority population). These slight differences are not exclusively due to financial reasons, which are, for example, put forward by more than 6 out of 10 immigrant men from Sahelian Africa who have declared such a refusal, but by only 2 out 10 immigrant men from Southeast Asia in the same situation.

The health situation of Roma seems to have deteriorated. The increased police pressure (that does not necessarily lead to expulsions or voluntary returns) worries the associations that work with Roma, since they feel it has an damaging impact on health. As such, an investigation by Médicins du Monde (Doctors of the World) of 281 people from the Roma community shows that though the majority of the population has been previously vaccinated, vaccination schedules seem to be up-to-date for only 8% of the community.

On 29 December 2010, the Finance Act 2011 was adopted by the National Assembly. It provides for a restriction on conditions for access for illegal aliens to State Medical Assistance (AME - Aide Médicale de l’État). Firstly, it establishes a fixed price of €30 a year to be able to benefit, irrespective of the financial situation of the beneficiary. Secondly, the law reduces the reimbursements for care that is not directly related to a specifically named medical condition.

The new Law No. 2011-672 of 16 June 2011 amends Article L. 313-11 of the Code for the entry and residence of foreigners, and the right to asylum relative to the right of residence for foreign patients. It replaces the condition 'the lack of practicable care in the country of origin', as grounds for residence rights, by 'the absence of appropriate treatment', adding, however, the possibility to remain in 'exceptional humanitarian circumstances'. A foreigner living in France and suffering from a serious illness could now be denied the renewal of a residence permit on health grounds if treatment is available in their country of origin, regardless of the accessibility of this treatment. The Law increases the gravity of the consequences when a residence permit is refused, in that it allows the administration to tie the refusal to a ban on returning to the whole of the Schengen area.


 

 

 

 

 

Data
Groups affected/interested Migrants, Roma & Travelers
Type (R/D) Anti-migrant/xenophobia, Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas Health and social protection
External Url http://teo_english.site.ined.fr/; http://legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000023314376&categorieLien=id;
Situation(s)
Library
10/12/2012 - 18:07
Short Answer

Yes

Qualitative Info

Some groups declare more than the others to have been refused health care services over the last twelve months: 13% of men from Tunisia and Morocco as well as from Sahelian Africa (to be compared to 9% of men of the majority population); 15% of women from Algeria, Sahelian Africa, and Guinean and Central Africa (to be compared to 12% of women of the majority population). These slight differences are not exclusively due to financial reasons, which are, for example, put forward by more than 6 out of 10 immigrant men from Sahelian Africa who have declared such a refusal, but by only 2 out of 10 immigrant men from Southeast Asia in the same situation.

The health situation of Roma seems to have deteriorated. The increased police pressure (that does not necessarily lead to expulsions or voluntary returns) worries the associations that work with Roma, since they feel it has a damaging impact on health. As such, an investigation by Médicins du Monde (Doctors of the World) of 281 people from the Roma community shows that though the majority of the population has been previously vaccinated, vaccination schedules seem to be up-to-date for only 8% of the community.

In July 2012, the National Assembly and the Senate voted to remove the €30 participation fee for undocumented migrants to access State Medical Care (Aide médicale d'État - AME), that was imposed in 2011.

The new Law No. 2011-672 of 16 June 2011 amends Article L. 313-11 of the Code for the entry and residence of foreigners, and the right to asylum relative to the right of residence for foreign patients. It replaces the condition 'the lack of practicable care in the country of origin', as grounds for residence rights, by 'the absence of appropriate treatment', adding, however, the possibility to remain in 'exceptional humanitarian circumstances'. A foreigner living in France and suffering from a serious illness could now be denied the renewal of a residence permit on health grounds if treatment is available in their country of origin, regardless of the accessibility of this treatment. The Law increases the gravity of the consequences when a residence permit is refused, in that it allows the administration to tie the refusal to a ban on returning to the whole of the Schengen area.


 

 

 

 

 

Data
Groups affected/interested Migrants, Roma & Travelers
Type (R/D) Anti-migrant/xenophobia, Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas Health and social protection
External Url http://teo_english.site.ined.fr/; http://legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000024191380&fastPos=1&fastReqId=1550750498&categorieLien=id&oldAction=rechTexte;
Situation(s)
Library