What Healthcare Services Temporary Protection Entitles to Have? Navigating the European Social Charter
Litins'ka, Yana LU
(2023)
In European Journal of Health Law
31(1).
p.51-72
- Abstract
- Due to the war against Ukraine, the European Union Temporary Protection Directive, establishing a new migration status of temporary protection, was activated for the first time. The substance of the minimum requirement for providing healthcare services in the Directive appears unclear but is supposed to correspond to human rights standards. This article analyses the standards established in the European Social Charter (revised), recognising several health-related rights. The paper clarifies the material scope of health-related rights and analyses to what extent the Charter applies to persons enjoying temporary protection. The application of health-related rights in the Charter varies depending on citizenship, whether refugee status was... (More)
- Due to the war against Ukraine, the European Union Temporary Protection Directive, establishing a new migration status of temporary protection, was activated for the first time. The substance of the minimum requirement for providing healthcare services in the Directive appears unclear but is supposed to correspond to human rights standards. This article analyses the standards established in the European Social Charter (revised), recognising several health-related rights. The paper clarifies the material scope of health-related rights and analyses to what extent the Charter applies to persons enjoying temporary protection. The application of health-related rights in the Charter varies depending on citizenship, whether refugee status was additionally sought, and whether a person is seen as a resident or regular worker. The study indicates ambiguity in the position of this group and how the European Social Rights Committee may include it in the scope of protection. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/482631e6-0044-4d12-a809-47529d68b8f3
- author
- Litins'ka, Yana
LU
- organization
- publishing date
- 2023-09-29
- type
- Contribution to journal
- publication status
- epub
- subject
- keywords
- Ukraine, Sweden, Welfare state, Access to health, Vaccination, Temporary protection, Migration law, Public law, Medical law, Right to medical assistance, Elderly, Persons with disabilities, Hälsorätt, Migrationsrätt, Civilrätt
- in
- European Journal of Health Law
- volume
- 31
- issue
- 1
- pages
- 22 pages
- publisher
- Brill
- external identifiers
-
- scopus:85174415385
- pmid:37775096
- ISSN
- 0929-0273
- DOI
- 10.1163/15718093-bja10112
- project
- Improved preparedness for future pandemics and other health crises through large-scale disease surveillance
- The right to access healthcare services for asylum seekers
- language
- English
- LU publication?
- yes
- id
- 482631e6-0044-4d12-a809-47529d68b8f3
- date added to LUP
- 2023-06-30 14:27:25
- date last changed
- 2024-02-07 10:30:26
@article{482631e6-0044-4d12-a809-47529d68b8f3,
abstract = {{Due to the war against Ukraine, the European Union Temporary Protection Directive, establishing a new migration status of temporary protection, was activated for the first time. The substance of the minimum requirement for providing healthcare services in the Directive appears unclear but is supposed to correspond to human rights standards. This article analyses the standards established in the European Social Charter (revised), recognising several health-related rights. The paper clarifies the material scope of health-related rights and analyses to what extent the Charter applies to persons enjoying temporary protection. The application of health-related rights in the Charter varies depending on citizenship, whether refugee status was additionally sought, and whether a person is seen as a resident or regular worker. The study indicates ambiguity in the position of this group and how the European Social Rights Committee may include it in the scope of protection.}},
author = {{Litins'ka, Yana}},
issn = {{0929-0273}},
keywords = {{Ukraine; Sweden; Welfare state; Access to health; Vaccination; Temporary protection; Migration law; Public law; Medical law; Right to medical assistance; Elderly; Persons with disabilities; Hälsorätt; Migrationsrätt; Civilrätt}},
language = {{eng}},
month = {{09}},
number = {{1}},
pages = {{51--72}},
publisher = {{Brill}},
series = {{European Journal of Health Law}},
title = {{What Healthcare Services Temporary Protection Entitles to Have? Navigating the European Social Charter}},
url = {{http://dx.doi.org/10.1163/15718093-bja10112}},
doi = {{10.1163/15718093-bja10112}},
volume = {{31}},
year = {{2023}},
}