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

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