Critically exploring tensions between CRPD Article 25 and the NHS entitlements framework on migrant mental health in England: embedding perspectives a

Lead Research Organisation: University of Bristol
Department Name: Sch for Policy Studies

Abstract

This project explores tensions between Article 25 CRPD and the NHS and addresses the following research questions:

What ethical, legal, and policy considerations inform the NHS entitlements framework in England concerning migrant mental health? Applying a human rights lens, where might there be tensions with CRPD Article 25?
What are the implications or lived effects (if any) produced by these tensions, based on the experiences of Filipino migrant women engaging with NHS mental health services in England?
How might the NHS entitlements framework be redesigned to align with CRPD Article 25 obligations and be more responsive to the lived experiences of Filipino migrant women?

Exploring tensions between Article 25 and the NHS entitlements framework on migrant mental health is essential to identify serious gaps in the law which perpetuate systematic disadvantage or health inequalities. These gaps warrant deeper analysis on 'health justice' grounds (Pratt, 2021). A human rights lens will be used for the project, in line with the CRPD.

The research fits within the ESRC priority areas as it includes mental health and Covid-19 research. The project aims to narrow research gaps in UK migration research and global mental health law in general, which include: (1) underrepresentation of Filipino migrants in research development and production; (2) sparse evidence on the socio-legal determinants of migrant mental health amidst a global pandemic; and (3) lack of regional differentiation in general UK-based health migration research despite the devolved status of health (see Burns et al., 2021; Parkin, 2021).

The research will adopt a mixed methods approach that combines doctrinal and critical reform-oriented analysis, through legal document review and analysis (Q1 and Q3), with an empirical phenomenological exploration of the lived experiences of Filipino migrant women, through vignettes and in-depth semi-structured qualitative interviews (Q2 and Q3). These approaches help bridge associated weaknesses with purely doctrinal studies, namely the supposed 'distance' from the law's lived effects on people and society (Watkins and Burton, 2017: 58).

Publications

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Studentship Projects

Project Reference Relationship Related To Start End Student Name
ES/P000630/1 01/10/2017 30/09/2027
2723214 Studentship ES/P000630/1 01/10/2022 30/09/2026 Patricia Miranda