Undocumented in the time of pandemic: exploring legal violence, health care and human rights of irregular Filipino migrants in Italy and the UK

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ron Bridget T. Vilog ◽  
Carlos M. Piocos III
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Undocumented Workers ◽  
Health Crisis ◽  
Content Type ◽  
Legal Violence ◽  
Irregular Migrants ◽  
Qualitative Approaches ◽  
Filipino Migrants ◽  
The Uk

Purpose The purpose of this paper is to examine the effects of states’ pandemic responses to the conditions and vulnerabilities of undocumented Filipino migrants in Italy and the UK. It also explores the role and strategies of migrant organisations in addressing the issues and concerns of undocumented workers. Design/methodology/approach Qualitative approaches are used to collect and analyse the narratives of the migrants and migrant organisations. This paper used government reports, policy briefs and documents from international organisations in analysing the socio-political vulnerabilities of undocumented migrants in the context of the global pandemic. In addition, we interviewed leaders of migrant organisations, which are involved in supporting irregular migrants. Findings The study reveals that states have exercised a regime of legitimate violence against undocumented workers in Italy and the UK. This regime is imposed not only by the stringent laws and policies that directly and indirectly cause economic, social and even cultural suffering to the migrants but also by the “symbolic violence” manifested in structural and social inequalities, and the exploitative economic order amid the pandemic. Responding to the “regime of fear”, migrant organisations provide immediate relief and “safe spaces” for the undocumented workers. Originality/value The paper contributes to the ongoing conversation on state practices in regulating migration by framing the conditions of undocumentation as legal violence that structurally deprives irregular migrants access to health care and human rights amid global health crisis.

Irregular migrants and the human right to health care: a case-study of health-care provision for irregular migrants in France and the UK

2011 ◽  
Vol 7 (3) ◽  
pp. 357-374 ◽  
Author(s):  
Sylvie da Lomba
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
Right To Health Care ◽  
Irregular Migrants ◽  
The Uk ◽  
National Membership

AbstractInternational human rights law attaches the right of health care to the person. States, however, predicate this right on membership in the national community and access to publicly subsidised health care is normally contingent on national membership. With this in mind, this article considers the significance of a human rights approach to access to health care and undertakes a comparative study of health-care provision for irregular migrants in France and the UK. Irregular migrants are ineligible for national membership because they have breached immigration laws. Consequently their right to health care may only arise from international human rights law. This comparative study, however, shows that states resist the idea of a right to health care for people they regard as a threat to national sovereignty. Yet the author posits that the exercise of the government's immigration power may be reconciled with the realisation of irregular migrants' human right to health care.

Human rights-based conceptions of deservingness: health and precarity

2020 ◽  
Vol 16 (3) ◽  
pp. 279-292
Author(s):  
Sarah Marshall
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Health Care Providers ◽  
Health Care Access ◽  
Migrant Health ◽  
Dominant Negative ◽  
Care Providers ◽  
Content Type ◽  
Care Access ◽  
Health Related

Purpose Ideas of health-related deservingness in theory and practise have largely been attached to humanitarian notions of compassion and care for vulnerable persons, in contrast to rights-based approaches involving a moral-legal obligation to care based on universal citizenship principles. This paper aims to provide an alternative to these frames, seeking to explore ideas of a human rights-based deservingness framework to understand health care access and entitlement amongst precarious status persons in Canada. Design/methodology/approach Drawing from theoretical conceptualizations of deservingness, this paper aims to bring deservingness frameworks into the language of human rights discourses as these ideas relate to inequalities based on noncitizenship. Findings Deservingness frameworks have been used in public discourses to both perpetuate and diminish health-related inequalities around access and entitlement. Although, movements based on human rights have the potential to be co-opted and used to re-frame precarious status migrants as “undeserving”, movements driven by frames of human rights-based deservingness can subvert these dominant, negative discourses. Originality/value To date, deservingness theory has primarily been used to speak to issues relating to deservingness to welfare services. In relation to deservingness and precarious status migrants, much of the literature focuses on humanitarian notions of the “deserving” migrant. Health-related deservingness based on human rights has been under-theorized in the literature and the authors can learn from activist movements, precarious status migrants and health care providers that have taken on this approach to mobilize for rights based on being “human”.

Preparation for safeguarding in UK pre-registration graduate nurse education

2015 ◽  
Vol 17 (6) ◽  
pp. 371-379 ◽  
Author(s):  
Julie McGarry ◽  
Charley Baker ◽  
Claire Wilson ◽  
Anne Felton ◽  
Anirban Banerjee
Keyword(s):  
Health Care ◽  
Health Care Professionals ◽  
Student Evaluation ◽  
Care Delivery ◽  
Educational Support ◽  
Content Type ◽  
Graduate Nurse ◽  
Nursing Curricula ◽  
Adults And Children ◽  
The Uk

Purpose – It is now widely acknowledged that health care professionals on the front line of care delivery will often be among the first to whom patients or clients who have experienced abuse will present or disclose abuse in a clinical context. It is therefore of pivotal importance that all health care professionals, including nurses, are adequately prepared at the earliest opportunity to effectively respond to a disclosure of abuse or identify where abuse may be suspected. The paper aims to discuss these issues. Design/methodology/approach – In order to address this contemporary challenge within health care the authors present a model, developed in the UK, for the embedding of safeguarding knowledge, skills and attitudes within undergraduate pre-registration nursing curricula. This model is integrative and focuses on the acquisition of knowledge and skills in the field of safeguarding vulnerable adults and children. Findings – Student evaluation to date has been extremely positive with the majority of student responses indicating that individuals felt that they had received the requisite level of educational support and knowledge to enable them to recognise concerns. However, it was also clear that students felt that the knowledge gained within the classroom setting needed to be effectively supported and translated in the practice setting. Practical implications – Safeguarding clearly forms a central part of professional accountability and responsibility. It is therefore pivotal that professionals receive the requisite education, skills and knowledge at the earliest opportunity. Originality/value – To the authors’ knowledge this initiative is novel in approach and as such has the potential to inform similar education programmes.

Human rights violations during the COVID-19 pandemic

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohammed R.M. Elshobake
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Freedom Of Expression ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Content Type ◽  
International Human ◽  
The Right

Purpose The purpose of this paper is to explore the most prominent human rights violations during the COVID-19 pandemic in accordance with international human rights law. Design/methodology/approach Through doctrinal and legal study and content analysis, this paper analyses the important relevant legal provisions under International human rights law and applies these provisions to the reality of managing the COVID-19 crisis to identify the most prominent human rights violations during the COVID-19 outbreak. This research paper considered as a review paper in that it provides a review of the most prominent measures taken during the COVID-19 crisis, which constitutes violations of international human rights law. Findings It is concluded that some measures that have been taken by countries to confront the COVID-19 pandemic have constituted violations of human rights and did not comply with the legal conditions to restrict human rights. Indeed, the COVID-19 pandemic has shown the ugly fractures in health-care systems, health inequities, racism and discrimination, Undermining the right to freedom of expression and the right to access information, gross negligence in protecting detainees from COVID-19 infection, all of these constitute clear violations of the principles of international human rights law. Research limitations/implications The spread of COVID-19 has not stopped, and its effects still continue, including human rights violations. Therefore, this paper cannot enumerate all human rights violations that occur during the spread of COVID-19. Practical implications Based on the results in this paper, governments need to be more prepared to face any health crisis at all levels including health care, which would reduce human rights violations. Social implications This research paper reflects positively on the social reality, as the adoption of its recommendations leads to the provision of adequate health care to all members of society in accordance with the principles of human rights, granting them the right to access information, protecting their right to freedom of expression, reducing the phenomenon of racism and discrimination and providing adequate health care to all detainees. Originality/value This paper studies an up-to-date topic that we are still living and seeing its effects. The benefit of this paper is to provide recommendations that protect human rights during the COVID-19 pandemic.

Beyond healthcare leadership? The imperative for health and social care systems

2020 ◽  
Vol 33 (4) ◽  
pp. 351-363
Author(s):  
John Duncan Edmonstone
Keyword(s):  
Health Care ◽  
Leadership Development ◽  
Social Care ◽  
Current Model ◽  
Healthcare Leadership ◽  
Content Type ◽  
Health And Social Care ◽  
The Future ◽  
Care Systems ◽  
The Uk

Purpose This paper aims to make the case that there is a need to move beyond a focus on an approach to leadership development which is confined to health care only. It argues that, given the economic, financial, social and organisational context within which health and social care organisations in the UK operate, there is a need to develop leadership within health and social care systems, rather than within the existing “siloed” sectors. Design/methodology/approach The paper considers the context within which health and social care organisations in the UK operate; examines the nature of those organisations; makes the case for focusing on the health and social car system through systems leadership; and identifies the need for leadership, rather than leader development. Findings There is a danger of health and social care organisations “walking backwards into the future” with eyes fixed on the past. The future lies with treating health and social care as a system, rather than focusing on organisations. The current model is individual leader focused, but the emerging model is one of collective multi-agency teams. Originality/value The paper seeks to go beyond a health-care-only focus, by asserting that there is a need to regard health and social care as a single system, delivered by a multiplicity of different organisations. This has implications for the kind of leadership involved and for how this might be developed.

Stigma on mental illness in the Arab world: beyond the socio-cultural barriers

2019 ◽  
Vol 12 (4) ◽  
pp. 285-298 ◽  
Author(s):  
Rita Merhej
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Mental Illness ◽  
Human Rights ◽  
Mental Health Care ◽  
Arab World ◽  
Arab Countries ◽  
Cultural Barriers ◽  
Mental Illness Stigma ◽  
Content Type

Purpose Research on mental illness stigma in the Arab world has traditionally focused on socio-cultural barriers that deprive persons with mental illness from their fundamental human right for privacy and informed consent. The purpose of this paper is to address the question whether or not mental health legislations in a number of Arab countries effectively safeguard the human rights of people with mental illness and protect them from stigmatizing and discriminatory practices. Design/methodology/approach A qualitative review of literature was performed over two rounds of search, targeting published research on mental illness stigma in the Arab world from year 2000 until now and existing national mental health legislations in the Arab world, using English and Arabic databases. Findings The review reveals that beyond society and culture, persistence of mental illness stigma in the Arab world may be explained by absent or inefficient monitoring mechanisms of mental health legislations and policies within the health-care setting. Although integration of mental health services into the primary health care system is being gradually implemented as a step toward de-stigmatization of mental illness, more remains to be done to change the stigmatizing behavior of the health personnel toward mental illness. Originality/value Mental health authorities in the Arab world need to be more aware of the public perceptions explaining people’s fear and reluctance to seek mental health care, so as to ensure that the control and monitoring mechanisms at both the primary and mental health care levels foster a human rights, culturally competent, patient-friendly and non-stigmatizing model of mental health care.

The UK Human Rights Act 1998: implications for nurses

2001 ◽  
Vol 8 (3) ◽  
pp. 223-233 ◽  
Author(s):  
Jean McHale ◽  
Ann Gallagher ◽  
Isobel Mason
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Social Life ◽  
Good Practice ◽  
Reciprocal Relationship ◽  
The United Kingdom ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
Code Of Professional Conduct

In this article we consider some of the implications of the UK Human Rights Act 1998 for nurses in practice. The Act has implications for all aspects of social life in Britain, particularly for health care. We provide an introduction to the discourse of rights in health care and discuss some aspects of four articles from the Act. The reciprocal relationship between rights and obligations prompted us to consider also the relationship between guidelines in the United Kingdom Central Council’s Code of professional conduct and the requirements of the Human Rights Act 1998. We conclude with the recommendation that the new legislation should be welcomed for its potential to support good practice and to urge critical and reflective practice rather than as yet another burdensome bureaucratic imposition.

scholarly journals An uncertain, erratic story: the pandemic in the UK

2020 ◽  
Vol 16 (4) ◽  
pp. 549-555
Author(s):  
Irvine Lapsley
Keyword(s):  
Health Care ◽  
Risk Management ◽  
Asset Management ◽  
Best Practice ◽  
Content Type ◽  
Individual Account ◽  
Reform Processes ◽  
The Uk ◽  
The Impact ◽  
Practical Implications

Purpose The purpose of this paper is to study the pandemic from the perspective of the UK health-care system and risk management. Design/methodology/approach This paper follows a storytelling perspective. The author reflects on his experiences through the lens of research on health care and risk management. Findings The impact of the pandemic has been so massive that it has challenged the capacity of the UKs National Health Service. The political influences at work have not always promoted best practice in risk management and indicate blame-avoidance strategies by politicians. Research limitations/implications A single country experience of COVID-19. Practical implications There are major issues of asset management, of delays in decision-making, of supply chain problems and the need to reform processes of handling of crisis management. Originality/value This is an individual account of experiences of the pandemic.

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