Medical Personnel and the Right to Leave : A Case for Emigration Restrictions

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Authors
Cook, Riley L.
Issue Date
2015-11-01
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Thesis
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en_US
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Abstract
Can the serious health disparities exacerbated by medical brain drain ever serve as an adequate justification to restrict the right to leave one’s country? The mass immigration of medical workers from the global south strips poor countries and social groups of the resources necessary to fulfill the right to health and therein becomes a human rights issue. After considering the wide recognition of the right to leave in human rights instruments, I determine that this right is not absolute. Then, I appeal to the duties that home states, foreign states, and individuals have towards fulfilling the right to health. A chief concern here is that the manner in which affluent countries import medical personnel from the developing world constitutes a vicious practice that violates duties insofar as it prevents poor countries from administering the health services that are necessary in order for their citizens to live a minimally good life and enjoy basic liberties. In the current global order, individuals in sending countries have little to no influence over these policies, and substantial changes are unlikely to occur. Last, I discuss the conditions necessary in order for emigration restrictions to be introduced as part of a just and well-regulated global migration system. I ultimately advocate tolerating moderate restrictions on the emigration of health personnel.
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72 p.
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U.S. copyright laws protect this material. Commercial use or distribution of this material is not permitted without prior written permission of the copyright holder. All rights reserved.
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