Migration of Health Personnel: Between Human Rights and International Legal Regulation of Migration

摘要

Migration of health personnel is a phenomenon that is governed by law at the intersection of the tendencies peculiar to human rights protection as a branch of public international law and to international legal regulation of migration. However, this intersection looks like not realized by the states and is quite different from the increasing role of the human rights-based approach in the international legal regulation of migration. In a part of human rights protection, the extensive work is carried out by the World Health Organization and the United Nations treaty bodies, who detail the content of the right to health. In a part of international legal regulation of migration, the sensitivity of states towards taking additional legal commitments regarding the international movements of people remains. Upon that being states, while the human rights-based approach towards migration represents generally the application of existing treaty obligations of states in the field of human rights to migration sphere, migration of health personnel reveals that the states strive to remain in frames of ethical, not legal impositions, even if that demands the distortion of the most important international legal documents.