It is often argued that in order to prevent migration from having social dumping effects, a strict enforcement of equal labour and welfare rights for both migrants and local workers is required. However, we claim that the specific circumstances of those migrants who engage in temporary migration may require a regime of special rights and labour standards that protect and further their distinctive interests and needs. We defend this claim by appealing to the principle that labour and welfare rights should (...) accommodate the life plans of workers and we show that not only these special arrangements are fairer to the migrants involved, but they could also help to prevent social dumping. (shrink)

Access to public healthcare services for Belgium’s undocumented migrants is regulated through a parallel, administrative procedure within the legal framework of Urgent Medical Aid. This imposes several constraints on their access to healthcare services. Drawing on empirical-ethical methodologies, we show how this procedure impacts on the relationship between patients with undocumented status and healthcare workers. We use the concept of relational autonomy to show how the imposed legal constraints reduce the formal treatment options available to healthcare workers, but simultaneously lead (...) to informal care practices, and how the latter increase the discretionary power of the healthcare workers. We argue that in this context, provision becomes unpredictable and arbitrary, with undocumented migrants tending to value strong personal relations with one particular, trusted healthcare worker. Although this leads to increased dependence, it also increases patients’ options and autonomy by providing access to wider professional networks attached to that healthcare worker. (shrink)