THE DUBLIN II TRAP
TRANSFERS OF ASYLUM-SEEKERS TO GREECE
39
6.2. ACCESS TO HEALTH CARE
RECEPTION CONDITIONS DIRECTIVE
Article 13
General rules on material reception conditions and health care
Member States shall make provisions on material reception conditions to ensure a standard of living adequate
for the health of applicants and capable of ensuring their subsistence.
Article 15
Health care
1. Member States shall ensure that applicants receive the necessary health care which shall include, at least,
emergency care and essential treatment of illness.
2. Member States shall provide necessary medical or other assistance to applicants who have special needs.
Article 17
Provisions for Persons with Special Needs
General principle
1. Member States shall take into account the specific situation of vulnerable persons such as minors,
unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children
and persons who have been subjected to torture, rape or other serious forms of psychological, physical or
sexual violence, in the national legislation implementing the provisions of Chapter II relating to material
reception conditions and health care.
I suffer from pneumonia after living on the streets for a long time. Although I have a pink
card I’m not accepted in public hospitals.
A., Somali asylum-seeker returned from Sweden in 2005
Under international law, refugees, asylum-seekers and migrants benefit in the same way as
any other individual from the “right of everyone to the enjoyment of the highest attainable
standard of physical and mental health”. This right entails non-discriminatory access to
services, which are equivalent to those available to surrounding host communities.
According to Article 14 of PD 220/2007, registered asylum-seekers should receive free
medical, pharmaceutical and hospital treatment, and applicants with special needs should
be given special treatment. In addition, according to the ministerial decision
139491/3.11.2006, asylum-seekers with pink cards are entitled to free medical care in
public hospitals. However, Amnesty International’s research revealed that these services are
rarely available in reality.
In practice it is common for registered asylum-seekers to be asked to pay for hospital services
because hospitals administrations are often unaware of this legislation. In many cases NGOs
have to intervene by showing them the law.
It is significant that Article 84 of the Law 3386/2005 on entry, residence and social
inclusion of third country nationals in Greece explicitly states that authorities should not
Index: EUR 25/001/2010
Amnesty International March 2010
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات