The Right to Health Care for Irregular Migrants in Norway: Interpretation, Accessibility, and Gaps Between Needs and Rights

Abstract

Based on legal interpretation, interviews with rejected asylum seekers, and decisions from hospitals and the County Governor, this article examines the degree of compliance with the human right to health care for adult irregular migrants in Norway. The findings indicate that a certain minimum of health care services is accessible for most. However, economic concern represents a heavy burden. Fear of deportation, often considered a barrier to health care in earlier studies, represents a problem for those who evade deportation and lack information about health-care providers’ duty of confidentiality. Unclear legislation leads to uncertainty among health personnel. This uncertainty produces, in some cases, an arbitrary practice. The article suggests that the most serious gaps between health-care needs, national legislation, and international human rights obligations appear to exist concerning the lack of rehabilitation rights after surgery, the lack of health care for patients suffering from serious mental health issues, and the high threshold for treatment of chronic diseases.