In March 2020, the Portuguese Government issued a remarkable regulation by which irregular migrants who had previously started the regularization procedure were temporarily regularized and thus allowed full access to all social benefits, including healthcare. The Portuguese constitutional and legal framework is particularly generous regarding the right to healthcare to irregular migrants. Nevertheless, until now, several practical barriers prevented full access to healthcare services provided by the national health service, even in situations in which it was legally granted. This decision is not only remarkable in light of the fulfilling of migrants’ rights to health, as imposed by international commitments assumed by, but also in view of the fight against COVID-19. The decision is grounded both on human rights and in public health reasons. The paper is divided in two main parts. In the first one, it analyzes national State obligations with regard to healthcare provision to migrants in irregular situation. In the second part, it analyzes the Portuguese solution, using this case study to discuss the possible mechanisms to comply with such obligations.

2020年3月，葡萄牙政府颁布了一项引人注目的规定，将之前已开始合法化程序的非正规移民临时合法化，从而允许他们充分享受包括医疗保健在内的所有社会福利。葡萄牙宪法和法律框架对于非正规移民的医疗保健权利特别慷慨。然而，到目前为止，一些实际障碍阻碍了人们充分享受国家卫生服务机构提供的医疗保健服务，即使是在合法授予的情况下也是如此。这一决定不仅在履行国际承诺所规定的移民健康权方面具有非凡意义，而且在抗击 COVID-19 的斗争中也具有非凡意义。该决定基于人权和公共卫生原因。本文分为两个主要部分。第一个部分分析了国家在向非正规移民提供医疗保健方面的义务。第二部分分析了葡萄牙的解决方案，并利用该案例研究讨论了遵守此类义务的可能机制。