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Living beyond borders: the international legal framework to protecting rights to health of Indonesian illegal migrant workers in Malaysia

Aktieva Tri Tjitrawati (Faculty of Law, Universitas Airlangga, Surabaya, Indonesia)
Mochamad Kevin Romadhona (Faculty of Social and Political Sciences, Universitas Airlangga, Surabaya, Indonesia)

International Journal of Migration, Health and Social Care

ISSN: 1747-9894

Article publication date: 2 May 2024

Issue publication date: 17 May 2024

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Abstract

Purpose

This study aims to analyse in the health access of Indonesian illegal migrant workers in Malaysia, during which time they were not covered by Indonesia’s national social health insurance.

Design/methodology/approach

This study adopted a sociolegal approach, the research approach is conducted to understand the effect of a law, policy and regulation on access to health-care access among Indonesian migrant workers working illegally in Malaysia. This research involved 110 respondents who work illegally in Malaysia. The research explored the perceptions of respondents concerning to health access services of illegal migrant workers.

Findings

The study demonstrated the weakness of provisions intended to guarantee the health access to health care of migrant workers from Indonesia illegally working in Malaysia. A decline in health status was observed, but it was not significant. Bilateral cooperation between Indonesia and Malaysia is necessary to provide a framework for Indonesia providing health care to its citizens working in Malaysia, regardless of their legal status.

Originality/value

This paper concerns on the Indonesia illegal migrant workers experiencing illness and the access to the health service in Malaysia, and also the implementation of international regulation to protect Indonesian illegal migrant workers in Malaysia under ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers.

Keywords

Acknowledgements

The authors would like to express their gratitude toward Faculty of Social and Political Sciences, Universitas Airlangga and Faculty of Law, Universitas Airlangga. Moreover the authors also would like to thank to all respondents whom involved to this research.

Citation

Tjitrawati, A.T. and Romadhona, M.K. (2024), "Living beyond borders: the international legal framework to protecting rights to health of Indonesian illegal migrant workers in Malaysia", International Journal of Migration, Health and Social Care, Vol. 20 No. 2, pp. 227-245. https://doi.org/10.1108/IJMHSC-04-2023-0038

Publisher

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Emerald Publishing Limited

Copyright © 2024, Emerald Publishing Limited

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