La condición de salud y el tratamiento médico como límites a las expulsiones de migrantes internacionales

Abstract

In Chile, the expulsion of an international migrant is decided by the administrative authority with a high level of discretion. To avoid arbitrariness, the new immigration law has defined a list of circumstances that must be considered to support an expulsion order. However, the health condition of the migrant is not part of said list, in opposition to the norms and principles of human rights. This research analyzes the norms of internal and international law, the jurisprudence related to the right to health of international migrants, and their relationship with the regulations on expulsions from the national territory, exposing the reasons that justify the consideration of the health condition of the foreigner before resolving their expulsion, concluding that the health condition is a useful argument to limit the powers of the administrative authority in this matter.