Doctors of the world opposes medical examinations under constraint to facilitate the removal of third-country nationals

In a press release published today, Doctors of the World declared that it opposes a new article of the draft law presented by Nicole de Moor, providing for the possibility of carrying out medical examinations under constraint to facilitate the forced return of third-country nationals. Doctors of the World says this measure risks further complicating access to health care for these particularly vulnerable people.

On 8 November 2023, Nicole de Moor presented, in the House of Representatives, a draft law for a proactive return policy. A new article provides that the foreigner may be obliged to pass a medical examination before a forced return. The said examination may be carried out under constraint if the foreigner refuses to comply. The article regulates the modalities according to which the examination and, possibly, the exercise of constraint can be applied.

In a press release published today, Doctors of the World underlines that forcing a patient to undergo a medical examination that is not necessary for his/her health and that goes against his/her best interests, is contrary to all ethical principles and medical ethics. The non-governmental organization says furthermore that this type of legislation could cause patients to mistrust caregivers and consequently complicate their access to healthcare. Using physical coercion to examine a patient would also be ineffective as the results obtained would not be as reliable as with the patient’s cooperation. Finally, a patient’s medical data is confidential and can’t be communicated to third parties without consent.

For further details, please read the press release from Doctors of the World on this page in French or in Dutch.

Publicatiedatum: ma 20 nov 2023
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