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The Health of Refugees
The Health
of Refugees
Public Health
Perspectives from Crisis
to Settlement
SECOND EDITION
Edited by
Pascale Allotey and Daniel D. Reidpath
1
1
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First Edition published in 2003
Second Edition published in 2019
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The views expressed herein are those of the author(s) and do not necessarily reflect
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for information only. Oxford disclaims any responsibility for the materials
contained in any third party website referenced in this work.
For our parents, Ate, Betty, Gillian, and Kevin
whose love and support was a constant in our lives.
Foreword
Sadly, this is a book of and for our times. In awaiting, and dreaming about, a
better world, we need to be armed with ethics, legal stances, principles, exem-
plars, knowledge of best practice, case studies, and resolve. Thank you to the
authors and especially the editors for providing us with all this, and much more.
Raj Bhopal CBE, DSE (hon)
Bruce and John Usher Professor of Public Health
Honorary Consultant in Public Health
Edinburgh Migration, Ethnicity and Health Research Group
Centre for Population Health Sciences
Usher Institute of Population Health Sciences and Informatics
The University of Edinburgh
4 April 2018
Contents
Abbreviations xi
Contributors xiii
Part 5 Conclusion
15 Controlling compassion: the media, refugees, and asylum
seekers 275
Pascale Allotey, Peter Mares, and Daniel D. Reidpath
Index 295
Abbreviations
People move. They move within countries and between countries. They move to
improve their opportunities for a better life, and they move to escape intolerable
hardship or the threat of intolerable hardship (Triandafyllidou, 2017, p. 3). In
understanding the impetus to move, the notions of ‘structure’ and ‘agency’ have
often been highlighted. Structure is broadly used to describe the macro-level,
sociopolitical, and environmental features that encourage or discourage move-
ment, and agency is used to describe the individual motivations and personal
resources that promote or suppress movement.
In social and political theory the interplay between structure and agency has
remained fertile territory for academic contest: see for example Squire (2017)
and Hay (1995). Our purpose here is not to contribute to that debate but to give
a sense of that complexity.
[Structure] and agency logically entail one another—a social and political structure
only exists by virtue of the constraints on, or opportunities for, agency that it effects.
Thus it makes no sense to conceive of structure without at least hypothetically positing
some notion of agency which might be affected (constrained or enabled). (Hay, 1995,
p. 189)
For those potentially in search of refuge, the interplay between structure and
agency affects who moves and the circumstances under which they move,
and how they are received and the opportunities they have to establish or re-
establish their lives.
Furthermore, the circumstances of the individual and their country of origin,
the circumstances of their movement, the time it takes, the route, and their des-
tination all have individual and population health effects. The trends in forced,
global migration since the publication of the first edition in 2003 give some
insight into this. It also grounds the remaining chapters of this book in the
reality of the early twenty-first century. It is crucial, however, that we have a
shared understanding of the population that is the focus of this book, or at
4 Forced migration and public health
1.1 Who is a refugee?
In epidemiology and health measurement there is an assumption that the rules
for case definition represent natural, intrinsic classes: with disease—without
disease. We might therefore expect inclusion or exclusion criteria or a case def-
inition for defining concepts and populations; for separating the refugee from
the non-refugee. However, these ‘natural definitions’ are frequently muddied by
blurred edges, hubris, and political and disciplinary bias (Reidpath et al., 2003;
Reidpath, 2007). The term ‘refugee’ falls into this imprecise category. It is rele-
vant primarily as a sociolegal definition, but in the context of public health and
clinical medicine it is important for providing background about exposures,
social determinants of health, access to services, and protections by the state
and the international community.
In outlining the ‘counting rules’ for refugees, we make it clear that there are ar-
bitrary social dimensions involved, with underlying political agendas (Lomell,
2010). Different authors will use different counting rules, and these rules may
not always be explicit. It is incumbent on the reader, therefore, to understand
this and understand that any analysis is necessarily embedded in a particular
understanding of ‘refugee’. One person’s ‘economic migrant’ is another person’s
‘climate change refugee’, and one person’s ‘refugee’ is another person’s ‘internally
displaced person’ (IDP). Even within this volume, authors do not necessarily
adopt the same definition of a refugee.
An eminent international lawyer who was once asked what defined a
refugee responded: ‘a person who satisfies the criteria laid down in Article
1 of the Refugee Convention’ (Grahl-Madsen, 1966, p. 278). This, of course,
is not the definition of a refugee, it is a description of a refugee under inter-
national law. In common usage the word refugee is used much more broadly.
The English word has its origins in the flight from persecution of the French
Calvinists (Huguenots) in Catholic-dominated seventeenth-century France,
and their search for refuge in other European countries (and later the North
American colonies of European countries), as the Oxford dictionary defin-
ition indicates:
Refugee (/rɛfjʊˈdʒiː/) Noun: A person who has been forced to leave their country in
order to escape war, persecution, or natural disaster. Origin: Late 17th century: from
French réfugié ‘gone in search of refuge’, past participle of réfugier.
That idea of fleeing persecution in one place and seeking protection in an-
other, at least in the European tradition, had been known since medieval times
Who is a refugee? 5
and even earlier. It became more prominent with the Reformation, the growth
of Protestantism, and the need for classes of people to flee religious persecution.
The modern European tradition of asylum dates from the year 1685. In that year Louis
XIV repealed the Edict of Nantes, while in the same year Friedrich Wilhelm, the Great
Elector of Brandenburg, issued his Edict of Potsdam, whereby the French Huguenots
were authorised to establish themselves in his territories. (Grahl-Madsen, 1966, p. 278)
As Hathaway put it, the difference between a common-sense refugee who pulls
at our heartstrings and a Convention Refugee is the concept of a rights-bearer
under international law (Hathaway, 2014).
The legal instruments have been applied to individuals who seek asylum out-
side their country of nationality for a range of political reasons. Recent examples
include Julian Assange who sought protection in the Embassy of Ecuador in
London against potential future extradition to the United States where he faces
prosecution for publication of leaked documents. Similar asylum regulations
have been used by politicians who are in opposition to the prevailing political
power in their countries. However, unless they are recognized as refugees under
international law, the protection granted is restricted to the countries that grant
asylum. From a public health perspective, there is greater concern when the
drivers for mobility affect a significant population group.
In its totality, this book considers the common-sense notion of refugees, al-
though some authors may focus more narrowly on ‘Refugees’—under the legal
6 Forced migration and public health
definition. For that reason, for the most part, we therefore use the umbrella
term ‘forced migration’ to emphasize the health implications for a population
group. Formal definitions of the different populations affected by forced migra-
tion are discussed in detail by Kneebone in Chapter 2.
1.2 Forced migration
The push factors for forced migration can conceptually be divided into
precipitating events, and a process of social or environmental change, resulting
in a catastrophic failure: a sociopolitical failure, an economic failure, or an en-
vironmental failure (Figure 1.1).
Against a backdrop of political, economic, or environmental conditions,
changes occur.
◆ Government policy is implemented that blames and targets a minority group.
◆ There is an economic depression.
◆ An economic policy encourages unsustainable farming practice.
◆ The rate of population increase (from birth and migration) is beyond the
capacity of the country.
◆ There is an earthquake or other large-scale natural disaster.
The sociopolitical failure to protect (sub-)populations, the economic failure re-
moving food from the table, or some sudden or gradual environmental failure
becomes the impetus or force to move. The concept map is not intended to
identify all contingencies, nor reflect the full complexity of feedback loops,
nor address the confluence of inseparable causes. When there is a drought, do
people move because of an environmental failure or an economic failure? In
times of conflict, is it persecution or a loss of livelihood that creates the duress
precipitating movement? What Figure 1.1 does illustrate is that those who move
have gone in search of refuge (réfugié). They have gone away from their homes
looking for greater safety and security.
The concept map focuses on the structural and is intentionally quieter on
agency, although it is implicit. We are not interested in a tally-column of suf-
fering. Who has suffered enough to be a refugee? Who was truly forced? We do
not support the argument that one is not allowed to seek refuge until one’s life
has been utterly destroyed. It is also clear, however, that the health sequelae will
be different for different people. Some of that difference will relate to the extent
to which a person can preserve their agency and act within the world rather
than have the world act upon them.
Events Process Outcome Exemplar Class
Refugees
Conflict
Political Socio-Political
War
Failure
Persecution
Social
Change Internally
Displaced
Environmental Asylum
Change Seekers
Floods
Environmental
Natural Droughts
Failure
Earthquakes
Economic
Migrants
Figure 1.1 Conceptual map of the events, processes, and outcomes leading to forced migration.
Reproduced courtesy of the authors.
8 Forced migration and public health
1.3 Definitions
The need to categorize and label the types of forced migration is politically ex-
pedient to direct public opinion, influence policy, and determine states’ obli-
gation. If health is a public good, the rules for who can access health services
and the cost of these services are determined by states. Legal status and citi-
zenship therefore often becomes the primary consideration (regardless of push
factors for forced migration) and has fuelled recent debates in the movements
of people across borders.
A Refugee is a person who meets the eligibility criteria under the applic-
able refugee definition, as provided for in international or regional refugee in-
struments, under the mandate of the United Nations High Commissioner for
Refugees (UNHCR), and in national legislation.
An asylum seeker is an individual who is seeking international protection. In
countries with individualized procedures, an asylum seeker is someone whose
claim has not yet been finally decided by the country in which he or she has
submitted it. Not every asylum seeker will ultimately be recognized as a refugee,
but every refugee is initially an asylum seeker.
Internally displaced persons (IDPs) are those forced or obliged to flee from
their homes, ‘. . . in particular as a result of or in order to avoid the effects of
armed conflicts, situations of generalized violence, violations of human rights
or natural or human-made disasters, and who have not crossed an internation-
ally recognized State border’ (UNHCR, 1998, p. 5).
Mandate Refugees are persons who are recognized as refugees by UNHCR
acting under the authority of its Statute and relevant UN General Assembly
resolutions. Mandate status is especially significant in states that are not parties
to the 1951 Convention on Refugees or its 1967 Protocol.
Under national laws, Stateless Persons do not have the legal bond of nation-
ality with any State. Article 1 of the 1954 Convention relating to the Status of
Stateless Persons indicates that a person not considered a national (or citizen)
automatically under the laws of any State, is stateless. These persons may differ
from undocumented migrants, who lack legal documentation and therefore
need to make a case for citizenship and migration status.
Persons of Concern to UNHCR is a generic term used to describe all persons
whose protection and assistance needs are of interest to UNHCR. These include
refugees under the 1951 Convention, persons who have been forced to leave
their countries as a result of conflict or events seriously disturbing public order,
asylum seekers, returnees, stateless persons, and, in some situations, IDPs.
UNHCR’s authority to act on behalf of persons of concern other than refugees is
Trends in global forced migration 9
based on United Nations General Assembly and Economic and Social Council
(ECOSOC) resolutions.
Year Highlights
2004 The number of Persons of Concern to UNHCR continued to
Acting High decline. A three-year downward trend with fewer asylum seekers
Commissioner arriving in industrialized countries during 2004 than in any year
Wendy since 1988.
Chamberlin Crisis in Darfur region, Sudan: 200,000 refugees shelter in arid
eastern Chad.
(continued )
12 Forced migration and public health
IDP
60
30
People (Millions)
People (Millions)
40
20
Refugee
10 Other 20
Asylum-seeker
0 0
90
95
00
05
10
15
90
95
00
05
10
15
19
19
20
20
20
20
19
19
20
20
20
20
Year Year
Refugee Other
IDP Asylum-seeker
Figure 1.2 The numbers of refugees, asylum seekers, internally displaced persons, and
‘others’ recorded by UNHCR in each year from 1990 to 2016.
Reproduced courtesy of the authors.
scale and types of conflicts have changed, the effects of extreme weather
events, natural and human-made disasters, economic catastrophes, and
pandemics is significantly different. Furthermore, there has been a shift in
the national and international mechanisms for responding to mass move-
ments of people and other humanitarian responses, coupled with major
epidemiological transitions in health and diseases and the ability of health
systems to respond.
The response of the international community to forced migration is tem-
pered by the complexity of political interests, immigration policies, and border
sovereignty. In spite of broader equity-related discussions on the Sustainable
Development Goals (Global Goals; UN, 2015) to ensure leaving no one behind,
many governments still argue against an obligation to protect people who no
longer enjoy the protection of their own governments. Often lost in these com-
plexities are the specific health needs of this group whose vulnerabilities are ex-
acerbated by the intersectionality of multiple layers of disadvantage that results
from the instability of being on the move.
These complexities are the focus of the discussion by Reidpath and Allotey
in Chapter 3. Specific health needs are created by the outcomes of conflict, dis-
placement, poverty, natural disasters, violence, and other rights violations, and
these are addressed by Toole in Chapter 4 and Leder et al. in Chapter 5. Mental
health consequences are addressed by Ventevogel et al. in Chapter 6.
Also lost in addressing the needs of forced migrants and refugees is the het-
erogeneity of the populations; diversity with regard to gender, culture, and
socioeconomic status all influence the experience of health and disease in the
course of the journey and resettlement. Also, mobility offers no protection from
other epidemiological trends, such as non-communicable and communicable
diseases or environmental exposure. The lack of stable and robust health sys-
tems and problems with access to health services present major challenges
to ensuring prevention, clinical management, and appropriate follow-up for
chronic illness.
Refugee health, while clearly under the rubric of public health, has a spe-
cific meaning depending on the context in which it is used. In humanitarian
settings and other mass movements resulting from natural disasters, there is a
focus on the acute management of health issues created by conditions of poor
hygiene, overcrowding, and lack of health infrastructure. In the process of re-
settlement to third countries, refugee health involves rigorous health screening
and assessment to identify exotic communicable diseases that might threaten
the public health of host nations. Following resettlement, it refers to the man-
agement of health and health services to control the potential for the marginal-
ization of minority resettled populations, ranging from the provision of cultural
16 Forced migration and public health
competencies for health services staff, to addressing the specific physical and
mental health needs of torture and trauma survivors.
Human rights discourse and rights-based approaches in health have ex-
panded the role of public health researchers and practitioners to include a more
central role in advocacy. The Global Goals and universal health coverage re-
quire a more equitable distribution of the resources that enable health and ac-
cess to health care, particularly for the marginalized and vulnerable. There is
a greater imperative for involvement in the political, economic, and social de-
terminants that shape a rapidly globalizing world with increasing disparities in
health and wealth, simmering tensions, and potential for conflict and the events
that result in the drivers of forced migration.
Note
1. We do not reference the individual UNHCR Global Reports. They can all be found online
at http://www.unhcr.org/en-my/the-global-report.html.
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Chapter 2
Humanitarianism, refugees,
human rights, and health
Susan Kneebone
2.1 Introduction
Over the past two decades, the number of persons displaced globally has
doubled. This increase has brought with it increased focus by states on con-
trolling entry to national territory. The perception is that: ‘We are witnessing
in today’s world an unprecedented level of human mobility’ (UN, 2016, para.
3). This perception has a natural flow-on effect for access to health services.
Not only has demand for such services increased, but states are internalizing
the concept of ‘border’ by using access to health services to deter the mobility
of asylum seekers. Control of access is achieved by creating hierarchies of en-
titlements to health services based on immigration status rather than medical
need or status in international law. In this context, doctors and health workers
are often at the ‘front line’ of border control, positioned between the state and
the individual.
The United Nations High Commissioner for Refugees (UNHCR) as at 31 May
2017 estimated that there were 22.5 million refugees (UNHCR, 2017). In 2007,
by contrast, the number of refugees worldwide was 9.9 million (Kneebone,
2009, p. 4, n10). Furthermore, the nature of displacement has changed over the
past decade, pointing to particular health consequences and issues for access to
health services. The United Nations 2016 New York Declaration for Refugees
and Migrants states that ‘armed conflict, persecution, and violence, including
terrorism, are among the factors which give rise to large refugee movements’
(UN, 2016, para. 64). The main reasons for flight today are civil wars and vio-
lence, as well as denial of social and economic rights (Kneebone, 2010, p. 216).
Moreover, a large percentage (84%) of refugees and asylum seekers are in
developing rather than industrialized countries (UNHCR, 2017). A new cat-
egory of ‘urban refugee’ has emerged; in 2012 UNHCR estimated that poten-
tially more than half of the world’s refugees are living in large cities, rather than
20 Refugees, human rights, and health
in camps. In the New York Declaration, this figure was stated to be 60% (UN,
2016, para. 73).
Several reports also recognize that there are
particular vulnerabilities of women and children during the journey from the country
of origin to country of arrival . . . [including] potential exposure to discrimination
and exploitation, as well as to sexual, physical and psychological abuse, [and] vio-
lence . . . (UN, 2016, para. 29).
serious harm’. This test recognizes the prohibitions against torture and cruel,
inhumane or degrading treatment, or punishment in the ICCPR, Art. 7 and
the UN Convention Against Torture and Other Cruel Inhuman or Degrading
Treatment or Punishment (CAT), Art. 3.
Whereas both refugees and asylum seekers are entitled to protection in
international law because of their status, humanitarian entrants or ‘protection
seekers’ rely on states to protect their human rights, in particular the right not
to be returned to a place where they would suffer torture or inhumane and
degrading treatment, standards which mirror the non-refoulement obligation
in the Refugee Convention (Kneebone, 2009, pp. 11–14).
Clearly, the reference in Art. 12.1 of the Covenant to ‘the highest attainable
standard of physical and mental health’ is not confined to the right to health
care. As the CESCR points out, the drafting history and the express wording of
Art. 12.2 of the Covenant (which sets out steps to be taken by State Parties to
achieve the rights specified) acknowledge that the right to health embraces a
wide range of socioeconomic factors that promote conditions in which people
can lead a healthy life. It extends to the underlying determinants of health, such
as food and nutrition, housing, access to safe and potable water and adequate
sanitation, safe and healthy working conditions, and a healthy environment.
Some of these rights are recognized for example in ICESCR, Art. 11, in ‘the
right of everyone to an adequate standard of living for himself and his family,
including adequate food, clothing, and housing’.
The ICESCR builds on the earlier statement of a right to access to health in
the 1948 UDHR, Art. 25, which pairs it with ‘the right to a standard of living
and livelihood’. It includes medical care and necessary social services and so-
cial security in the list of basic rights which support a right of access to health.
The link between the right to social security and the right to health care is
discussed below.
The clearest statement of a right to access to health is in the Convention on
the Rights of the Child 1989 (CRC), Art. 24.1 whereby ‘States Parties recognize
the right of the child to the enjoyment of the highest attainable standard of
health and to facilities for the treatment of illness and rehabilitation of health.’
It continues: ‘States Parties shall strive to ensure that no child is deprived of his
or her right of access to such health care services.’ Other provisions of the CRC
recognize the right of every child ‘to benefit from social security, including so-
cial insurance’ (Art. 26), and to ‘a standard of living adequate for the child’s
physical, mental, spiritual, moral and social development’ (Art. 27).
The Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW, 1979) also contains the right of ‘access to health care services,
including those related to family planning’ (Art. 12.1), and ‘appropriate services
in connection with pregnancy, confinement and the post-natal period, granting
free services where necessary, as well as adequate nutrition during pregnancy
and lactation’ (Art. 12.2). CEDAW requires States Parties to take ‘all appropriate
measures to eliminate discrimination against women in rural areas’ in relation
to access to ‘adequate health care facilities, social security and adequate living
conditions’ (Art. 14.2).
The pattern which emerges from these instruments is that at the most basic
level, access to health is an aspect of the individual ‘right to life, liberty and se-
curity of the person’ (UDHR Art. 3; see also ICCPR Art. 6.1). It is dependent on
recognition of other socioeconomic rights and the specific circumstances of the
24 Refugees, human rights, and health
By contrast, UDHR Art. 22 appears to limit the right to social security to na-
tionals and residents when it states:
Everyone, as a member of society, has the right to social security and is entitled to real-
ization, through national effort and international co-operation and in accordance with
the organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality [emphasis
added].
principle in ICESCR Art. 2.2 (CESCR No. 19, 2008, para. 29), and urges States
Parties to particularly consider vulnerable groups such as women, children,
refugees, and asylum seekers in that context (CESCR No. 19, 2008, para. 31).
But General Comment No. 19 also distinguishes contributory and non-
contributory social security schemes, echoing distinctions made in both the
1951 Refugee Convention and the 1990 International Convention on the
Protection of the Rights of All Migrant Workers (ICRMW). Each of these in-
struments endorses the notion that rights to access to social security, and thus
health, can discriminate based on migration status.
The Refugee Convention does not mention the right to health as such, but
it does grant to ‘refugees lawfully staying in their territory the same treatment
with respect to public relief . . . as is accorded to their nationals’ (Art. 23).
Article 24, which also applies to those ‘lawfully staying,’ grants the ‘same
treatment as is accorded to nationals’ in relation to labour protection and so-
cial security—which includes ‘sickness . . . and any other contingency’, subject
to the limitation that where such benefits are contingent on contributions
to public funds, ‘special arrangements’ may apply (Art. 24.1(b)(ii)) (Lester,
2011). The Convention generally recognizes that refugees are entitled to so-
cial and economic rights as the status of the refugee becomes more settled
(Kneebone, 2009, pp. 6–8). It distinguishes, for example, those who presence
is merely ‘lawful’ (such as those who are in the process of applying for refugee
status) and those who are ‘lawfully staying in their territory’ (who may have
some residency status). In other words, the Refugee Convention grants the
right to social security only to those who have some settled status, rather than
‘mere’ asylum seekers.
The idea that international migrants can be discriminated based on status is
reinforced by the provisions of the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families (ICRMW).
ICRMW contains a non-discrimination clause with a comprehensive list of
prohibitions; however, it does not include migrant status. Indeed, the whole
scheme of ICRMW reinforces discrimination based on status as it distinguishes
the rights of regular (documented) and undocumented (irregular) migrant
workers. Under Part IV of ICRMW additional rights apply to documented mi-
grant workers and members of their families. This includes, for example, greater
rights to social and health services—regular migrants enjoy equality of treat-
ment with nationals of the State with respect to employment ‘provided that the
requirements for participation in the respective schemes are met’ (Arts. 43.1(e)
and 45.1(c)). By contrast, Art. 27 in Part III (which applies to both irregular
and regular migrant workers) makes such rights dependent on ‘the applicable
bilateral and multilateral treaties’. Such treaties are likely to be in place only for
26 Refugees, human rights, and health
regular migrant workers (see CESCR No. 19, 2008, para. 56 for recognition of
that fact).
As mentioned, many refugees, asylum seekers, and protection seekers present
in host countries as (irregular) migrant workers to whom Part III of ICRMW
applies. Article 28 grants equality of treatment with nationals to access emer-
gency medical care ‘required for the preservation of their life or the avoidance
of irreparable harm to their health’. ICRMW thus endorses discrimination
against non-nationals in relation to social and health services based on migra-
tion status.
General Comment No. 19 para. 37 referring to refugees and asylum seekers
states:
Non-nationals should be able to access non-contributory schemes for income support,
affordable access to health care and family support. Any restrictions, including a quali-
fication period, must be proportionate and reasonable. All persons, irrespective of their
nationality, residency or immigration status, are entitled to primary and emergency
medical care [emphases added].
This is consistent with Part III of ICRMW. General Comment No. 19 continues:
Refugees, stateless persons and asylum seekers, and other disadvantaged and mar-
ginalized individuals and groups, should enjoy equal treatment in access to non-
contributory social security schemes, including reasonable access to health care and
family support, consistent with international standards (para. 38).
Thus, asylum claims from members of minority religions in Iran denied access
to medical care on religious grounds have been recognized, as have the claims
by persons with HIV denied equal access to medical services. It has also been
recognized that severe pollution and/or environmental degradation may ser-
iously affect health and be linked to a Convention ground (such as religion or
nationality). In the decision of the High Court of Australia in 2000, Chen Shi
Hai (HCA, 2000) it was decided that denial of access to food, shelter, and med-
ical treatment to a child born outside China’s one-child policy amounted to
persecution.
2.3.4 Rights at destination
It follows from the fact of persecution and flight that newly arrived refugees
and protection seekers often suffer from serious health issues, including mental
health problems (Simich, 2006), connected to their reasons for or experiences
during flight. As one writer expresses: refugees and asylum seekers suffer ‘a dis-
proportionate burden of illness’ (Taylor 2013, p. 293). A study of refugees ar-
riving in Australia found that many refugees arrive with complex health needs.
It estimated that one in six refugees has a physical health problem with a severe
impact on quality of life and that two-thirds experience mental health prob-
lems, signifying the important role of rehabilitation (Khan and Amatya, 2017).
Further, refugees often face continued disadvantage, poverty, and dependence,
which are determinants of both poor physical and mental health, due to lack
of support in the receiving country. This is compounded by language barriers,
impoverishment, and lack of familiarity with the local environment and health-
care systems (Khan and Amatya, 2017). In Canada, it was found that many
refugees suffer from lack of understanding of the health-care system, language
and cultural barriers, or discrimination in access to services (Rahman, 2017).
The process of making and proving a claim for refugee status, the seeking of
asylum, is a challenge for every claimant. Refugee status determination (RSD)
28 Refugees, human rights, and health
has been described as ‘one of the most complex adjudication functions in in-
dustrialized societies’ (Rousseau et al., 2002); it imposes a substantial burden of
proof on the claimant, and the need to overcome a tangible ‘credibility deficit’
(Coffey, 2003; Taylor, 2013, p. 290). Moreover, the risk of re-traumatization on
retelling a story of persecution is well recognized (Herlihy and Turner, 2009).
To negotiate the RSD process a refugee needs to be in good health, but, as Khan
and Amatya recognize, many newly arrived refugees need first to recover their
health. To enable refugees and protection seekers to have a proper opportunity
to present their case for asylum or protection, they need to be physically and
mentally well. The denial of the right to properly present the case for asylum or
protection is tantamount to refoulement.
The EU Reception Directive 2013 recognizes the link between material well-
being (which includes health) and the right to seek asylum. Article 17.1 states:
Member States shall ensure that material reception conditions are available to appli-
cants when they make their application for international protection.
In Fedasil v. Saciri (ECR, 2014) the EU Court of Justice stressed that the purpose
of the Directive is linked to ensuring the right to seek asylum. The court’s pos-
ition was that the reception measures must guarantee asylum seekers dignified
living, subsistence, and physical and mental health, and be sufficiently stable
to adequately satisfy health and other material needs of those undergoing an
(often lengthy) asylum procedure.
However, the reality is that the current ‘refugee crisis’ in Europe since 2015 has
led to a focus on deterrent measures such as detention, and that many asylum
seekers are housed in substandard accommodation (Mousourakis, 2016).
There is growing discrimination and lack of consistency in standards between
Member States. In light of the current situation, the European Commission is
considering a further recast of the (already recast) Reception Directive 2013.