1. Legal Framework

Women of Color in Peace, Security and Conflict Transformation The Race Across the Pond Initiative: Women of Color in the Healthcare System Series

PART I - HEALTH INEQUITIES: RACIALIZED AND MINORITY GROUPS’ ACCESS TO HEALTH CARE

Authors: Sherihane Bensemmane*, Saara Bouhouche

1. LEGAL FRAMEWORK

The French law provides a set of measures to ensure the protection of patients' rights, access to health care and prevention services without profiling or discrimination. Based on a collective approach of contribution and redistribution of resources, the law extends common social protection for all people who enjoy lawful French residency or citizenship.

Health insurance entitles the holder to healthcare and treatment free of charge. For low-income individuals, the "Complémentaire Santé Solidaire" (CSS), a social assistance, is granted upon request, reducing direct health-related expenses. Since 2016, all residents or legal migrant workers are eligible to benefit from another program, called the "Protection Universelle de Maladie" (PUMa).

Undocumented migrants2 have the right to access basic health services, under specific conditions, with the assistance of the State Medical Aid, “Aide Médicale d'État” (AME). They are also eligible to access emergency services and basic health care through the Permanent Health Care Access, “Permanence d'Accès aux Soins de Santé (PASS)”. However, the “Premiers Pas” survey found that, in fact, most migrants do not benefit from either assistance. Asylum seekers are directed to the “PASS” meanwhile their files receive thorough examination. Lastly, refugees can benefit from the PUMa.

The difficulty to navigate the French administrative system represents a key challenge. Prevalent obstacles to accessing healthcare services include complex administrative processes, limited institutional resources available (e.g., human resources, time), lack of interpreters, lack of dedicated financial resources, and ineligible legal status of beneficiaries.

Policy recommendations:

● Simplifying the administrative process for obtaining health care coverage, ● Increasing the investment in, and funding to, health care institutions,

2 Note: One of the biases and prejudices French people from racialized groups may face is to be assimilated to migrant populations, yet their legal status and associated laws do not allow any assimilation.