The Legal Determinants of Migrant Health: English Mental Health Law and the Lived Experiences of Filipino Migrant Women
Lead Research Organisation:
University of Bristol
Department Name: Law
Abstract
Migrant health inequality is an issue of justice. My thesis critically examines the influence of English mental health law and policy on the health and well-being of Filipino migrant women, exploring both compatibilities and tensions with Article 25 (right to health) of the UN Convention on the Rights of Persons with Disabilities (CRPD).
Using an intersectional feminist framework, my research adopts a multi-method approach that combines doctrinal and reform-oriented critical methods with qualitative techniques, including semi-structured interviews and focus group discussions. I aim to explore how law influences experiences of health and well-being, with the personal stories and subjective, embodied experiences of Filipino migrant women as a case study. By examining law as a determinant of health, I explore how specific legal structures can either support or undermine well-being, highlighting pathways to potential marginalisation or empowerment within public mental health law.
The CRPD has brought transformative change in international law by promoting a human rights model emphasising the inherent dignity, autonomy, and agency of people with disabilities. However, some jurisdictions, like the United Kingdom (UK), may not directly enforce these broad normative standards, which risks human rights violations and the marginalisation of people with psychosocial disabilities. Although the UK has ratified the CRPD, it maintains a reservation regarding the right to freedom of movement. The European Convention on Human Rights (ECHR) provides a legally binding framework within the UK that can complement CRPD principles and provide practical mechanisms to address human rights violations. Therefore, it is necessary to scrutinise how these international norms are actualised within domestic legal frameworks, including common law rights, that interpret and apply health and disability rights principles. The purpose is to identify and understand both the gaps and bridges between law and practice to achieve a more equitable and rights-based paradigm shift in line with the ethos of the CRPD.
In England, the regulation of migrant mental health is governed by a complex interplay of laws, policies, rules, and guidelines that address health and social care provision, mental health, mental capacity assessments, and immigration control. My thesis, occurring against the backdrop of proposed amendments to the Mental Health Act 1983, the mainstreaming of the NHS Choice Framework, and initiatives fostering 'culturally sensitive advocacy', seeks to contribute to ongoing debates and scholarship. Particularly, I aim to inform discussions on the development of an anti-oppressive and rights-based approach to public mental health law that supports, and is responsive to, the specific needs and requirements of Filipino migrant women, and other racialised and marginalised groups.
Using an intersectional feminist framework, my research adopts a multi-method approach that combines doctrinal and reform-oriented critical methods with qualitative techniques, including semi-structured interviews and focus group discussions. I aim to explore how law influences experiences of health and well-being, with the personal stories and subjective, embodied experiences of Filipino migrant women as a case study. By examining law as a determinant of health, I explore how specific legal structures can either support or undermine well-being, highlighting pathways to potential marginalisation or empowerment within public mental health law.
The CRPD has brought transformative change in international law by promoting a human rights model emphasising the inherent dignity, autonomy, and agency of people with disabilities. However, some jurisdictions, like the United Kingdom (UK), may not directly enforce these broad normative standards, which risks human rights violations and the marginalisation of people with psychosocial disabilities. Although the UK has ratified the CRPD, it maintains a reservation regarding the right to freedom of movement. The European Convention on Human Rights (ECHR) provides a legally binding framework within the UK that can complement CRPD principles and provide practical mechanisms to address human rights violations. Therefore, it is necessary to scrutinise how these international norms are actualised within domestic legal frameworks, including common law rights, that interpret and apply health and disability rights principles. The purpose is to identify and understand both the gaps and bridges between law and practice to achieve a more equitable and rights-based paradigm shift in line with the ethos of the CRPD.
In England, the regulation of migrant mental health is governed by a complex interplay of laws, policies, rules, and guidelines that address health and social care provision, mental health, mental capacity assessments, and immigration control. My thesis, occurring against the backdrop of proposed amendments to the Mental Health Act 1983, the mainstreaming of the NHS Choice Framework, and initiatives fostering 'culturally sensitive advocacy', seeks to contribute to ongoing debates and scholarship. Particularly, I aim to inform discussions on the development of an anti-oppressive and rights-based approach to public mental health law that supports, and is responsive to, the specific needs and requirements of Filipino migrant women, and other racialised and marginalised groups.
Organisations
People |
ORCID iD |
| Patricia Miranda (Student) |
Studentship Projects
| Project Reference | Relationship | Related To | Start | End | Student Name |
|---|---|---|---|---|---|
| ES/P000630/1 | 30/09/2017 | 29/09/2028 | |||
| 2723214 | Studentship | ES/P000630/1 | 30/09/2022 | 30/10/2026 | Patricia Miranda |