International Protection and application of the Non-refoulement principle in countries with inadequate or inaccessible healthcare

Abstract

The Coronavirus pandemic has once again exposed the dramatic differences between countries in terms of access to and quality of healthcare. With reference to the context of the Coronavirus pandemic, the authors analyze whether the endangered right to health, as a fundamental human right which is endangered through inadequate or inaccessible healthcare, can be the basis for granting the international protection or applying the principle of non-refoulement. This topic has been insufficiently covered both in legal theory and in legal documents, while the case law on this matter is still in the process of development. The current practice of the European Court of Human Rights regarding the right to asylum and health is not uniform, but it is to be expected that relevant case law and changes in the legal framework will ensue in the forthcoming period.

Keywords

• right to health
• asylum
• international protection
• human rights
• migration
• covid-19 pandemic
• non-refoulement
• european court of human rights