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L'accès au statut juridique d'étranger gravement malade

Abstract : Since 1997-1998, in the context of AIDS/HIV crisis, a protection against deportation and a right to stay are granted to migrants suffering from serious diseases that cannot be treated in their home country. The migrant’s disease is now constitutive of legitimacy: migrant can be biolegitimate. This new recognition led to fears from public authority to not been able of controling immigration anymore. Indeed, migrant’s biolegitimacy implies to conciliate control of immigration with health protection. Thus, the study of legal standards related to serioulsy ill migrant statuses aim to examine the balance between those objectives, in order to analyze wether if this status is effective.International, european and national law provide sufficient flexibility to legislator for adopting legal framework which foster immigration control more than health protection. Since twenty years, successive immigration reforms significantly normalized the categorization process of seriously ill migrant, in order to control restrictively the flow of resident permit for medical reasons. The study of the legal framework’s application by procedural actors (doctors, administration, administrative judges) emphasize this normalization’s concretization, enabling State to reajust biolegitimacy process in order to control it.
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Submitted on : Friday, February 12, 2021 - 12:35:31 PM
Last modification on : Thursday, March 17, 2022 - 10:09:00 AM
Long-term archiving on: : Thursday, May 13, 2021 - 6:53:30 PM


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  • HAL Id : tel-03139843, version 1


Nicolas Klausser. L'accès au statut juridique d'étranger gravement malade. Droit. Université de Nanterre - Paris X, 2021. Français. ⟨NNT : 2021PA100003⟩. ⟨tel-03139843⟩



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