Il diritto alla protezione della salute della persona straniera in Francia: fondamento giuridico, differenziazione legale, status sociale

The right to health protection for foreigners in France: legal basis, legal differentiation, social status

Abstract

The present contribution aims to analyse, within the Frenchlegal system, the legal basis and the structure of the right to health protection recognized to foreigners, with particular attention to those who find themselves in a situation of irregularity with respect to the rules that regulate the possibility to entry or stay in the territory of the State. Despite the constitutional provision that recognise health protection to «tous», the existence of a difference between the citizens’ and the foreigners’ health protection will be evidenced, based on the criterion of regularity and residence stability. This will allow to highlight the structure and consequences of increasing health insecurity, and more generally social and legal insecurity of the foreigners, who makes their right to health legally different and effectively weaker.The present contribution aims to analyse, within the French legal system, the legal basis and the structure of the right to health protection recognized to foreigners, with particular attention to those who find themselves in a situation of irregularity with respect to the rules that regulate the possibility to entry or stay in the territory of the State. Despite the constitutional provision that recognise health protection to «tous», the existence of a difference between the citizens’ and the foreigners’ health protection will be evidenced, based on the criterion of regularity and residence stability. This will allow to highlight the structure and consequences of increasing health insecurity, and more generally social and legal insecurity of the foreigners, who makes their right to health legally different and effectively weaker.