FORGOTTEN
Administratively detained irregular migrants and asylum seekers
b. among those detained on public order grounds are included:
• persons whose return is not feasible, either because it violates the
principle of non-refoulement, or because of practical problems
• persons who face serious health problems
• people who have developed ties with the country27
d. Detention of persons who face serious health problems –lack
of consideration of data arising during the detention regarding
the health status of detainees– extension of the detention of
vulnerable persons
i. Legal Framework
The right to health is protected at an international, European
and national level. According to Article 25 of the Universal Declaration
of Human Rights, everyone has the right to a standard of living
adequate for his/her health and well-being and that of his/her family,
including food, clothing, housing, medical care and necessary social
services. Further, in accordance with Article 12 of the International
Covenant on Economic, Social and Cultural Rights, the States Parties
to the present Covenant recognize the right of everyone to the
enjoyment of the highest attainable standard of physical and mental
health. Article 35 of the EU Charter of Fundamental Rights states
that everyone has the right of access to preventive health care and
the right to benefit from medical treatment under the conditions
established by national laws and practices. A high level of human health
protection shall be ensured in the definition and implementation of
all the Union’s policies and activities. At the national level, Article
5 § 5 of the Constitution provides that everyone has the right to
protection of health, while according to Article 21 § 3, the State shall
care for the health of citizens.
Health protection of third-country nationals subjected to return
procedures is enshrined in EU and national law. Article 20 of Law
3907 / 201128 imposes that competent authorities, when applying
27 See indicative cases in the relevant chapters
28 Greece: Law No. 3907 of 2011…., op.cit.
48
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents