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Global Migration Seminar: Legal Consciousness and Physicians' Rejection of Law in Their Role as Gatekeepers to Undocumented Migrants' Right to Healthcare Access

Seminarium

The current Swedish law places clinicians in a gatekeeper role in granting undocumented migrants' right to healthcare access, exclusively relying on clinicians' assessments of whether patients without legal residency status should be provided 'care that cannot be deferred'.
This seminar will present preliminary findings on how 'care that cannot be deferred' is experienced, understood, and applied by physicians working in Swedish medical practice.

Participants are invited to breakfast before the seminar, from 8:30, in the kitchen (4th floor) at School of Global Studies, Konstepidemins väg 2.

The theoretical framework of legal consciousness acknowledges the known gap existing between the law in writing and the law in its everyday practical application when embodied by individual actors in society.

Limited research has explored legal consciousness in medical contexts, and limited knowledge exists surrounding how the intrusion of law in medical ethics and medical authority impacts clinical work and patient rights.

Conflicts and dissonance between law and medical ethics can be saliently observed in Sweden, where current law (Act 2013:407) forcibly places clinicians in a gatekeeper role in satisfying undocumented migrants' right to healthcare access, exclusively relying on clinicians' assessments of whether patients without legal residency status should be provided 'care that cannot be deferred'.

Following the new law's introduction in 2013, the National Board of Health and Welfare and the health professions alike have decried the legal terminology used in the law for its unspecific nature, its incompatibility with medical ethics, and its inapplicability in medical contexts.

The seminar will present preliminary findings from qualitative phenomenological work exploring how 'care that cannot be deferred' is experienced, understood, and applied by physicians working in Swedish medical practice, in the effort to contextualize the perceived meaning ascribed to their gatekeeper role through the lens of legal consciousness theory.

The novel data which will be presented contributes to the limited body of empirical work exploring legal consciousness in medical professionals, suggesting that whether or not physicians hold legal knowledge, when law conflicts with foundational medical ethics and principles of non-discrimination, the intrusion of law in the medical profession leads to the explicit, and often collective, rejection of law.

Josephine Greenbrook is currently a lecturer at the Institute of Health and Care Sciences at Sahlgrenska Academy, as well as being affiliated to the Mason Institute for Medicine, Life Sciences and the Law at the University of Edinburgh's School of Law, where the present research is hosted.

Josephine holds a diverse background, having studying psychology prior to expanding to medical jurisprudence and medical ethics, whilst also touching base in sociology, healthcare science, social anthropology, and social work along the way.

She is also involved in humanitarian work, including being part of the psychiatric team at the Rosengrenska Foundation, catering to undocumented migrants in the Gothenburg region, as well as being involved in a variety of global mental health efforts abroad.

Föreläsare: Josephine Greenbrook, Sahlgrenska Akademin, Göteborgs Universitet, och Mason Institute for Medicine, Life Sciences and the Law, University of Edinburgh

Datum: 2019-02-20

Tid: 09:15 - 11:00

Kategorier: Samhällsvetenskap, Socialt arbete, Mångfald, Ekonomi/juridik, Psykologi, Vårdvetenskap, Medicin, Tvärvetenskap

Arrangör: CGM

Plats: Globala studier, Konstepidemins väg 2
C417

Kontaktperson: Centrum för Global Migration

Sidansvarig: Helena Svensson|Sidan uppdaterades: 2014-09-16
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