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  • 7 - Regulation of the Access of Undocumented Migrants to Social Protection

  • Edited by Julia López López, Pompeu Fabra University, Barcelona
  • Book:
    Inscribing Solidarity
    Published online:
    03 November 2022
    Print publication:
    17 November 2022, pp 119-144
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  • Summary

    The evolution from nationality to residence as a factor for inclusive solidarity expressed through systems of social protection has shaped undocumented immigrants as an exclusionary category, even if only to a certain extent. Based on the concepts of inclusive and exclusive solidarity, the chapter centers on the regulation of the access of undocumented migrants to different aspects of social protection (social insurance, insurance against accidents at work, social assistance, and health care) in continental welfare states. Drawing on the different rationales behind solidarity on which those different aspects of social protection are built, like reciprocity, the guarantee of dignity or the protection of vulnerable persons, it analyzes critically the logic of exclusion behind the submission of social protection to immigration policy manifested in the problematic application of the legal framework of equality and proposes legal arguments for the inscription of solidarity in the legal configuration of access to social rights.