Comparing the Health Status of Asylum Seekers

The 1951 United Nations Convention relating to the Status of Refugees states that a refugee is defined as a person who, ‘owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country’ (UNHCR, 1951: Article 1A(2)). Asylum-seekers are defined as individuals who are attemping to hoping to obtain refugee status; however they remain asylum-seekers while they are awaiting a decision on their application for refugee status. Asylum seekers are present in the country in which they are attempting to become a refugee in.
Countries such as the United States of America and South Africa treat and grant asylum to individuals in drastically different ways. As the developed country, I would have assumed that the United States of America has effective protocol in place to ensure that individuals are treated fairly and properly as they seek asylum. My rude awakening did not occur from insights that occurred from conversations with friends working directly with asylum seekers in York prison, rather with how different the system is across the world. The minute that I heard stories about tragic tortured victims who were treated like criminals – I knew that something was not right but I figured that the US was probably just another country that treated asylum seekers the same. The US’s detention system holds up to 400,000 immigrants and asylum seekers. These statistics include individuals from more than 200 jails, like York County Prison. These statistics do not convey the frustration and shock that felt when I learned that in South Africa immigrants and asylum seekers are not poisoned. Instead, they are granted a temporary three-month permit that allows them to live and work in South Africa. Individuals complete the Eligibility Determination Form and hand them in at the various offices available throughout the country. The permit legalizes individual’s stay in South Africa until a final decision is made about their refugee claim.

University of Cape Town’s Law school has an incredible Law Clinic (on the first floor of the building shown) that focuses on assisted refugees and asylum seekers with all of their legal matter. After having the wonderful experience to meet with some of the lawyers, I learned that Refugees and asylum seekers are entitled to the same health care services that all South African nationals are entitled to. This means that they receive the same exact healthcare service and pay the same fees as other South Africans that are in similar social and economic circumstances. Since the South African government offers most primary health services for free (including services for pregnant women); most of the medical needs of asylum seekers are met. In addition, South African public hospitals require fees depending on the amount of income, number of dependents, and so forth. Fees for services are determined through an income sliding scale, which allows all asylum seekers and refugees to receive the medical care that they need. Many of the patients that we saw at the Masiphumelele clinic were in fact refugees. They received the same exact services that all of the citizens of South Africa received. The health services that asylum seekers receive in the United States of America do not compare to the level of care they receive in a developing country like South Africa. Here, since asylum seekers are in the prison system, they receive the same level and amount of care that other inmates do. According to researches, when in prison, individuals often face inadequate medical and mental health care in addition to the lack of legal representation in the US.

As the country that was created from immigration into the melting pot, the United States should be ashamed of how we treat foreigners and asylum seekers that come to America in seek of safety and security. Though countries like South Africa have so little, it is clear that they understand the importance of human rights and how health care is a critical issue that asylum seekers should have full access too.