Health

The domestic legal framework in the Republic of Djibouti guarantees the right to access healthcare services for refugees and asylum seekers.

Article 14 of the aforementioned Law No. 159/AN/16/7th L stipulates that refugees and asylum seekers legally residing in Djibouti shall enjoy the same fundamental rights as nationals, including the right to social assistance, which encompasses access to healthcare services. Decree No. 2017-410/PR/MI reinforces this provision by guaranteeing that refugees have access to basic social services within Djibouti's territory, while asylum seekers can access these services subject to available resources, without differentiating between levels of healthcare.

This inclusive approach is consistent with the definition of an asylum seeker under Article 2 of the aforementioned legal instrument, which confers analogous rights to refugees and asylum seekers, including access to secondary healthcare services.

Furthermore, Article 3 of the same law provides an expansive definition of a refugee that encompasses individuals compelled to flee due to events seriously disturbing public order, thereby reinforcing their legal status and rights, including access to healthcare, on par with nationals.

The right to access healthcare for refugees and asylum seekers is further solidified by Djibouti's obligations under international instruments, such as the Geneva Convention and the International Covenants on Civil and Political Rights, as well as Economic, Social and Cultural Rights.

Moreover, Article 7 of Decree No. 2017-410/PR/MI guarantees refugees and asylum seekers the same access to courts as Djiboutian citizens, enabling them to seek judicial recourse for the protection of their rights, including those related to healthcare access. The Administrative Court is competent to adjudicate disputes concerning administrative public services, such as healthcare, as per Law No. 004/AN/18/8th L.

Additionally, Law No. 151/AN/22/8th L reaffirms the principles of equal opportunity and non-discrimination in accessing quality healthcare services. These principles are applicable to refugees and asylum seekers, and serve to reinforce the legal framework's commitment to ensuring equitable access to healthcare for vulnerable groups, including individuals with permanent disabilities within the refugee and asylum seeker populations.