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What Healthcare Services Temporary Protection Entitles to Have? Navigating the European Social Charter.

Authors :
Litins'ka, Yana
Source :
European Journal of Health Law. 2024, Vol. 31 Issue 1, p51-72. 22p.
Publication Year :
2024

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. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
09290273
Volume :
31
Issue :
1
Database :
Academic Search Index
Journal :
European Journal of Health Law
Publication Type :
Academic Journal
Accession number :
175394909
Full Text :
https://doi.org/10.1163/15718093-bja10112