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Migration and access to health care in English medical law: a rhetorical critique

Harrington, John ORCID: 2008. Migration and access to health care in English medical law: a rhetorical critique. International Journal of Law in Context 4 (4) , pp. 315-335. 10.1017/S1744552309004029

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This paper develops a rhetorical critique of recent cases on migration and access to health care in Britain. It argues that the national territory, once a taken-for-granted starting point for reasoning in medical law, has lost its common-sense status as a result of neoliberal globalisation. This is evident in recent decisions involving on the one hand HIV-positive asylum seekers coming to the UK and on the other hand British ‘health tourists’ seeking funding for treatment elsewhere in the European Union. Courts are aware that many of these cases are likely to call forth the sympathy of audiences for the individual concerned, further undermining their privileging of the national scale. In curbing this ‘politics of pity’ they adopt a range of persuasive strategies.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
R Medicine > RA Public aspects of medicine > RA1001 Forensic Medicine. Medical jurisprudence. Legal medicine
Additional Information: Pdf uploaded in accordance with publisher's policy at (accessed 25/02/2014).
Publisher: Cambridge University Press
ISSN: 1744-5523
Date of First Compliant Deposit: 30 March 2016
Last Modified: 05 May 2023 18:09

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