HuBB – Humans Before Borders collective expresses its deep concern and opposition to the approved bill No. 384/XVI/1ª, which aims to restrict access to the National Health Service (SNS) for non-resident or irregular foreigners.
This proposal limits access to health on the basis of administrative or residence status, violating the principles of dignity, equality and non-discrimination of the Universal Declaration of Human Rights. In addition, it is an unconstitutional project, as it violates the right to health guaranteed in Article 64 of the Constitution of the Portuguese Republic (CRP), regarding universal care that tends to be free of charge, according to the person’s socio-economic conditions.
By promoting administrative and financial exclusion, disproportionately affecting migrants in vulnerable situations, the bill contrasts with the universality and inclusiveness that characterize the SNS. The change will affect thousands of people who, despite paying their mandatory social contributions, are still waiting for their situation to be regularized, due to the inefficiency of administrative bodies such as AIMA, and will also harm those impacted by the extinction of the expression of interest. The bill not only violates human and constitutional rights, but also exacerbates social precariousness, making it more difficult for these people to integrate into Portuguese society.
“Instead of restricting access to healthcare, the focus should be on the rapid regularization of migrants and resolving the structural problems affecting the SNS, such as the lack of human and administrative resources. If there are abuses in access to the system, it is essential to characterize them based on concrete data and not on narratives that reinforce prejudice. Only with evidence-based policies and a commitment to inclusion can we guarantee that the SNS fulfills its mission of caring for all people, without discrimination,” says Patrícia Caeiros, an activist with the collective.
A legal and social step backwards
Portugal is a signatory to international treaties, such as the Universal Declaration of Human Rights, the Charter of Fundamental Rights of the European Union and the International Pact on Economic, Social and Cultural Rights, which reinforce the right to health without discrimination, so the bill in question disregards several international standards, as well as national legal principles, including:
- Article 13 of the CRP, which prohibits any discrimination based on “territory of origin” or “economic or social condition”;
- Article 15 of the CRP, which extends fundamental rights to foreigners residing in Portugal;
- Law no. 93/2017, which combats discrimination in public policies, including access to healthcare.
Access to Healthcare is a Fundamental Right
The HuBB Collective argues that the universality of SNS is fundamental to individual and collective well-being. By excluding non-resident or irregular migrants from full access to the SNS, the bill discourages early diagnosis and preventive care, damaging public health and increasing the impact of diseases on the population. The result will be higher costs for the SNS and overloaded emergency services.
Health is an essential pillar of human dignity and social cohesion. Restricting access to regular and preventive care subverts the values of justice and equity that underpin the SNS, exacerbating inequalities and discrimination.
The myth that migrants represent a threat to the sustainability of the SNS will promote a xenophobic and totally unfounded narrative. Changing the laws on access to healthcare without a solid scientific basis, in order to support far-right narratives, compromises good healthcare practices and the science that guides the SNS. In addition to deepening social inequalities, these measures are in clear violation of ethical and legal principles, negatively affecting the well-being of migrants and society. Public health policies must be based on scientific evidence, in order to ensure the effectiveness and efficiency of their implementation.
We call on the Portuguese Parliament and civil society to reject this setback, reaffirming our commitment to a universal, inclusive SNS based on human dignity and equality.
Health is a right, not a privilege.
HuBB Collective – Humans Before Borders
