New law for access to care of immigrants

Alert DateJune 16, 2011 Country: France General Type: Discrimination Racism and discrimination phenomena: Anti-migrant/xenophobia
Groups affected / Interested in: Migrants Key socio-economic/institutional areas: Health and social protection
Victims Data
Victims Nationality/Ethnic Origin N/A
Victims Gender N/A
Victims Age N/A
Victims Number N/A
Fatalities - deaths N/A
Perpetrators Data
Perpetrators Nationality/Ethnic Origin N/A
Perpetrator Gender N/A
Perpetrator Age N/A
Perpetrators Number N/A
Extremist/Organised Group Violence No

Law No. 2011-672 of 16 June 2011 carries with it a certain number of consequences for access to care for immigrants, and the practices of health professionals dealing with immigrant populations, in particular in Articles 26, 40 and 70. As a result of the changes it introduces, and as shown in the analysis produced by the Health Rights (Santé Droit) scheme run by CIMADE and the Medical Committee for Exiles (COMEDE), several elements can be highlighted:

The new Law amends Article L. 313-11 of the Code for the entry and residence of foreigners, and the right to asylum relative to the right of residence for foreign patients. It replaces the condition 'the lack of practicable care in the country of origin', as grounds for residence rights, by 'the absence of appropriate treatment', adding, however, the possibility to remain in 'exceptional humanitarian circumstances'. A foreigner living in France and suffering from a serious illness could now be denied the renewal of a residence permit on health grounds if treatment is available in their country of origin, regardless of the accessibility of this treatment. Note that an Administrative Instruction from the Ministry of the Interior of 17 June 2011 states that it should not be considered that treatments for HIV-AIDS are unavailable in every developing country.

Changes in the law raise questions for the guaranteeing of medical confidentiality. Associations recommend that medical information 'such as to prove that it is impossible to receive appropriate care in the country of origin be contained confidentially in the medical report, and not provided verbally across the counter at prefectures'.

The Law increases the seriousness of the consequences when a residence permit is refused, in that it allows the administration to tie the refusal to a ban on returning to the whole of the Schengen area.


- Law No. 2011-672 on immigration, integration and nationality, 16 June 2011, doc. cit.

- Health Rights scheme (Comede/Cimade), Consequences of the new law on immigration for health actors, Note of legal information, 5 August 2011, educationsansfrontieres.org/article37520.htm

- Administrative Instruction of the Ministry of Interior, Overseas Departments, Local Authorities and Immigration, 'The coming into force of the law on immigration, integration and nationality', 17 June 2011, IOCK1110771C, circulaires.gouv.fr/pdf/2011/06/cir_33327.pdf, p. 3.