Healthcare Services for Asylum-Seekers: Untangling the European Social Charter
Litins'ka, Yana LU
(2024)
In Medical Law Review
32(1).
p.1-19
- Abstract
- Asylum-seekers, like any population, need healthcare services, yet national laws sometimes restrict access to such services. The European Social Charter (revised) protects the right to health and medical services. However, the Charter has a complex application, and its scope is limited concerning foreigners. This article analyses to what extent the provisions of the Charter on the right to health and medical assistance apply to adult asylum-seekers. It shows that the Charter may apply to various degrees to asylum-seekers depending on several
circumstances, such as the national definition of residence or regular work, grounds for seeking asylum, citizenship or lack thereof. Depending on these factors, some asylum-seekers may receive... (More) - Asylum-seekers, like any population, need healthcare services, yet national laws sometimes restrict access to such services. The European Social Charter (revised) protects the right to health and medical services. However, the Charter has a complex application, and its scope is limited concerning foreigners. This article analyses to what extent the provisions of the Charter on the right to health and medical assistance apply to adult asylum-seekers. It shows that the Charter may apply to various degrees to asylum-seekers depending on several
circumstances, such as the national definition of residence or regular work, grounds for seeking asylum, citizenship or lack thereof. Depending on these factors, some asylum-seekers may receive full healthcare services, whereas others may have only limited rights. The article shows that the migrant statuses created by national and EU law do not fit in the system of statuses in the Charter, which might produce legal hindrances to accessing health-related rights for asylum-seekers. The article also discusses the possible ways for the European
Committee of Social Rights to further expand the scope of the Charter’s application. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/662e19e4-801a-43fe-8855-2a24e127f082
- author
- Litins'ka, Yana
LU
- organization
- publishing date
- 2024-02-26
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Right to health, Right to medical assistance, European Social Charter, Human rights, Migration, Asylum-seekers, Vaccination, Healthcare services, Public law, Welfare state, Medical law, Hälsorätt
- in
- Medical Law Review
- volume
- 32
- issue
- 1
- pages
- 20 pages
- publisher
- Oxford University Press
- external identifiers
-
- pmid:37414525
- scopus:85186215077
- ISSN
- 0967-0742
- DOI
- 10.1093/medlaw/fwad018
- 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
- 662e19e4-801a-43fe-8855-2a24e127f082
- date added to LUP
- 2023-06-30 14:08:02
- date last changed
- 2024-03-22 10:42:55
@article{662e19e4-801a-43fe-8855-2a24e127f082,
abstract = {{Asylum-seekers, like any population, need healthcare services, yet national laws sometimes restrict access to such services. The European Social Charter (revised) protects the right to health and medical services. However, the Charter has a complex application, and its scope is limited concerning foreigners. This article analyses to what extent the provisions of the Charter on the right to health and medical assistance apply to adult asylum-seekers. It shows that the Charter may apply to various degrees to asylum-seekers depending on several<br/>circumstances, such as the national definition of residence or regular work, grounds for seeking asylum, citizenship or lack thereof. Depending on these factors, some asylum-seekers may receive full healthcare services, whereas others may have only limited rights. The article shows that the migrant statuses created by national and EU law do not fit in the system of statuses in the Charter, which might produce legal hindrances to accessing health-related rights for asylum-seekers. The article also discusses the possible ways for the European<br/>Committee of Social Rights to further expand the scope of the Charter’s application.}},
author = {{Litins'ka, Yana}},
issn = {{0967-0742}},
keywords = {{Right to health; Right to medical assistance; European Social Charter; Human rights; Migration; Asylum-seekers; Vaccination; Healthcare services; Public law; Welfare state; Medical law; Hälsorätt}},
language = {{eng}},
month = {{02}},
number = {{1}},
pages = {{1--19}},
publisher = {{Oxford University Press}},
series = {{Medical Law Review}},
title = {{Healthcare Services for Asylum-Seekers: Untangling the European Social Charter}},
url = {{http://dx.doi.org/10.1093/medlaw/fwad018}},
doi = {{10.1093/medlaw/fwad018}},
volume = {{32}},
year = {{2024}},
}