Residence permit for medical reasons under pressure

Since the late '90s, undocumented migrants who habitually reside in France and who need health care to the extent that the lack of treatment could bring exceptionally serious consequences to health status have the right to stay as long as they cannot effectively benefit from appropriate treatment in their country of origin.

 

The draft French immigration bill has been under discussion at the Senate since the beginning of February, following its reading by France's National Assembly last autumn.

Different changes in the law are considered. It is namely considered to replace the 'lack of effective access to treatment' by 'unavailable treatment'. This would bring dramatic change as the availability of treatment in a specific country says very little to nothing as regards the effective access to appropriate treatment. Many factors play a role in this, like the cost of treatment, medical coverage, the existence and accessibility of appropriate health structures, the lack of health staff, shortages of medicines or medical supplies, etc. The National AIDS Council stressed that this change would not only impact the right of the concerned persons but also public health and health expenditures. The Senate rejected the proposition to replace the 'lack of effective access to treatment' by 'unavailable treatment' but the Commission of the National Assembly reintroduced the amendment and the immigration bill will be voted in plenary session. The restriction of the conditions attached to the permit for medical reasons shows a clear tendency of the government to restrict fundamental rights of migrants.

 

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