Abstract
Irregular migrants in Norway have restricted access to healthcare, qualifying for care when ‘absolutely necessary’ in ‘immediate’ situations. They end up living somewhat on the outskirts of state protection, due to their lack of legal residence. The ECtHR have held that deporting persons experiencing illness in ‘exceptional circumstances’ is in violation of the prohibition of inhuman and degrading treatment. This has applied to cases where the deported person risk dying under distressing circumstances, without access to healthcare and family support. What then, when irregular migrants die in Norway, without access to healthcare and without family support? This thesis assesses if IMs’ access to healthcare fulfils our human rights obligations, and whether the implications of this, in addition to other issues experienced by irregular migrants, are relevant in relation to inhuman and degrading treatment. It concludes that the level of healthcare offered is too low, and that the Norwegian state should safeguard irregular migrants’ human rights so as not to violate international human rights law, by at least providing real and substantial access to healthcare. The state is entitled to control who is within its jurisdiction, but despite state efforts, irregular migrants remain here. As they are here, they have human rights, and as they have human rights, not respecting these has implications.