The right to the protection of the health of irregular migrants: critical consideratios on the recent constitutional jurisprudence about the restrictions introduced by Law 16/2012, of April 20

Authors

  • Luis E. Delgado del Rincón

DOI:

https://doi.org/10.18042/cepc/redc.112.09

Keywords:

Social rights, the right to health, health care, immigration, illegal migrants, emergency legislation.

Abstract

The constitutional court ruling 139/2016, of july 21 has resolved an appeal of unconstitutionality presented by the Parliament of Navarra against certain legal norms of Decree-Law 16/2012. The paper critically analyzes three of the issues addressed in the constitutional resolution: the fulfillment of the requirement of the de facto enabling budget of the contested rule, the extraordinary and urgent need; respect to the material limit of non-affectation to the rights, duties and constitutional freedoms of citizens and the main issue, if art. 1.1 of Decree-Law 16/2012, which excludes from public health care the vulnerable group of foreigners without authorization of residence, violates the right to health protection of art. 43 of the Constitution.

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES