Protecting Distress Migrants' Right to Health in Ecuador: Are Legal Commitments Being Fulfilled?

Abstract

Ecuador's legal framework promises equitable access to health care for all. However, gaps in coverage are being exacerbated by the nearly 500,000 Venezuelan distress migrants remaining in the country over the past decade. The purpose of our study was to examine how the Ecuadorian health system responds to the needs of migrant populations arriving in poor health conditions. We conducted 28 key informant interviews with government officials, health care providers, and representatives of international cooperation agencies and migrant organizations, and analyzed documents from a related Constitutional Court sentence. We find that despite Ecuador's commitments, significant gaps exist in the implementation of protection mechanisms for distress migrants. Systemic obstacles, such as documentation requirements and exclusion from benefits granted by law, remain. Discriminatory practices and concerns about the allocation of limited resources can further impede access. The Constitutional Court case underscores how the judicialization of health may prompt the government to address distress migrants' right to health and document its progress. Ultimately, more comprehensive approaches are needed to promote a more equitable health system that addresses the specific experiences and needs of distress migrants in Ecuador.