Solidarity
Article 35 - Health care
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 Union policies and activities.
The principles set out in this Article are based on Article 152 of the EC Treaty, now replaced by Article 168 of the Treaty on the Functioning of the European Union, and on Articles 11 and 13 of the European Social Charter. The second sentence of the Article takes over Article 168(1).
Artikel 22 1. De overheid treft maatregelen ter bevordering van de volksgezondheid.2. Bevordering van voldoende woongelegenheid is voorwerp van zorg der overheid.3. Zij schept voorwaarden voor maatschappelijke en culturele ontplooiing en voor vrijetijdsbesteding.
Article 31 Everyone has the right to the protection of her health. Citizens shall have the right, on the basis of public insurance, to free medical care and to medical aids under conditions provided for by law.
Článek 31 Každý má právo na ochranu zdraví. Občané mají na základě veřejného pojištění právo na bezplatnou zdravotní péči a na zdravotní pomůcky za podmínek, které stanoví zákon.
Chapter 1 - Basic principles of the form of government: Article 2 (...) The personal, economic and cultural welfare of the private person shall be fundamental aims of public activity. In particular, it shall be incumbent upon the public institutions to secure the right to health, employment, housing and education, and to promote social care and social security (...).
1 kapitlet - Statsskickets grunder: 2 § (...) Den enskildes personliga, ekonomiska och kulturella välfärd skall vara grundläggande mål för den offentliga verksamheten. Det skall särskilt åligga det allmänna att trygga rätten till hälsa, arbete, bostad och utbildning samt att verka för social omsorg och trygghet. (...).
Artículo 43 1. Se reconoce el derecho a la protección de la salud. 2. Compete a los poderes públicos organizar y tutelar la salud pública a través de medidas preventivas y de las prestaciones y servicios necesarios. La ley establecerá los derechos y deberes de todos al respecto. 3. Los poderes públicos fomentarán la educación sanitaria, la educación física y el deporte. Asimismo facilitarán la adecuada utilización del ocio.
Section 43 1. The right to health protection is recognised.2. It is incumbent upon the public authorities to organize and watch over public health by means of preventive measures and the necessary benefits and services. The law shall establish the rights and duties of all in this respect.3. The public authorities shall foster health education, physical education and sports. Likewise, they shall encourage the proper use of leisure time.
Article 51 (Right to Health Care) Everyone has the right to health care under conditions provided by law.The rights to health care from public funds shall be provided by law.No one may be compelled to undergo medical treatment except in cases provided by law.
Article 72 Everyone has the right in accordance with the law to a healthy living environment. The state shall promote a healthy living environment. To this end, the conditions and manner in which economic and other activities are pursued shall be established by law. The law shall establish under which conditions and to what extent a person who has damaged the living environment is obliged to provide compensation. The protection of animals from cruelty shall be regulated by law.
51. člen (pravica do zdravstvenega varstva)Vsakdo ima pravico do zdravstvenega varstva pod pogoji, ki jih določa zakon.Zakonsko določa pravice do zdravstvenega varstva iz javnih sredstev. Nikogar ni mogoče prisiliti k zdravljenju, razen v primerih, ki jih določa zakon.
72. členVsakdo ima v skladu z zakonom pravico do zdravega življenjskega okolja. Država skrbi za zdravo življenjsko okolje. V ta namen zakon določa pogoje in načine za opravljanje gospodarskih in drugih dejavnosti. Zakon določa, ob katerih pogojih in v kakšnem obsegu je povzročitelj škode v življenjskem okolju dolžan poravnati škodo. Varstvo živali pred mučenjem ureja zakon.
Article 40 Everyone has a right to the protection of health. Based on public insurance, citizens have the right to free health care and to medical supplies under conditions which shall be laid down by law.
Čl. 40 Každý má právo na ochranu zdravia. Na základe zdravotného poistenia majú občania právo na bezplatnú zdravotnú starostlivosť a na zdravotnícke pomôcky za podmienok, ktoré ustanoví zákon.
Articolul 34(1) Dreptul la ocrotirea sanatatii este garantat. (2) Statul este obligat sa ia masuri pentru asigurarea igienei si a sanatatii publice. (3) Organizarea asistentei medicale si a sistemului de asigurari sociale pentru boala, accidente, maternitate si recuperare, controlul exercitarii profesiilor medicale si a activitatilor paramedicale, precum si alte masuri de protectie a sanatatii fizice si mentale a persoanei se stabilesc potrivit legii.
Article 34(1) The right to the protection of health is guaranteed. (2) The State shall be bound to take measures to ensure public hygiene and health. (3) The organization of the medical care and social security system in case of sickness, accidents, maternity and recovery, the control over the exercise of medical professions and paramedical activities, as well as other measures to protect physical and mental health of a person shall be established according to the law.
Artigo 64.º (Saúde) 1. Todos têm direito à protecção da saúde e o dever de a defender e promover. 2. O direito à protecção da saúde é realizado: a) Através de um serviço nacional de saúde universal e geral e, tendo em conta as condições económicas e sociais dos cidadãos, tendencialmente gratuito; b) Pela criação de condições económicas, sociais, culturais e ambientais que garantam, designadamente, a protecção da infância, da juventude e da velhice, e pela melhoria sistemática das condições de vida e de trabalho, bem como pela promoção da cultura física e desportiva, escolar e popular, e ainda pelo desenvolvimento da educação sanitária do povo e de práticas de vida saudável. 3. Para assegurar o direito à protecção da saúde, incumbe prioritariamente ao Estado: a) Garantir o acesso de todos os cidadãos, independentemente da sua condição económica, aos cuidados da medicina preventiva, curativa e de reabilitação; b) Garantir uma racional e eficiente cobertura de todo o país em recursos humanos e unidades de saúde; c) Orientar a sua acção para a socialização dos custos dos cuidados médicos e medicamentosos; d) Disciplinar e fiscalizar as formas empresariais e privadas da medicina, articulando-as com o serviço nacional de saúde, por forma a assegurar, nas instituições de saúde públicas e privadas, adequados padrões de eficiência e de qualidade; e) Disciplinar e controlar a produção, a distribuição, a comercialização e o uso dos produtos químicos, biológicos e farmacêuticos e outros meios de tratamento e diagnóstico; f) Estabelecer políticas de prevenção e tratamento da toxicodependência. 4. O serviço nacional de saúde tem gestão descentralizada e participada.
Article 64 (Health) (1) Everyone has the right to the protection of health and the duty to defend and promote health. (2) The right to the protection of health shall be fulfilled: (a) By means of a universal and general national health service which, with particular regard to the economic and social conditions of the citizens who use it, shall tend to be free of charge; (b) By creating economic, social, cultural and environmental conditions that particularly guarantee the protection of childhood, youth and old age; by systematically improving living and working conditions, and promoting physical fitness and sport at school and among the people; and also by developing the people’s health and hygiene education and healthy living practices. (3) In order to ensure the right to the protection of health, the state is charged, as a priority, with: (a) Guaranteeing access by every citizen, regardless of his economic situation, to preventive, curative and rehabilitative medical care; (b) Guaranteeing a rational and efficient nationwide coverage in terms of human resources and healthcare units; (c) Working towards the socialisation of the costs of medical care and medicines; (d) Disciplining and inspecting entrepreneurial and private forms of medicine and articulating them with the national health service, in such a way as to ensure adequate standards of efficiency and quality in both public and private healthcare institutions; (e) Disciplining and controlling the production, distribution, marketing, sale and use of chemical, biological and pharmaceutical products and other means of treatment and diagnosis; (f) Establishing policies for the prevention and treatment of drug abuse. (4) Management of the national health service shall be decentralised and participatory.
Article 68.1. Everyone shall have the right to have his health protected.2. Equal access to health care services, financed from public funds, shall be ensured by public authorities to citizens, irrespective of their material situation. The conditions for, and scope of, the provision of services shall be established by statute.3. Public authorities shall ensure special health care to children, pregnant women, handicapped people and persons of advanced age.4. Public authorities shall combat epidemic illnesses and prevent the negative health consequences of degradation of the environment.5. Public authorities shall support the development of physical culture, particularly amongst children and young persons.
Art. 68.1. Każdy ma prawo do ochrony zdrowia.2. Obywatelom, niezależnie od ich sytuacji materialnej, władze publiczne zapewniają równy dostęp do świadczeń opieki zdrowotnej finansowanej ze środków publicznych. Warunki i zakres udzielania świadczeń określa ustawa.3. Władze publiczne są obowiązane do zapewnienia szczególnej opieki zdrowotnej dzieciom, kobietom ciężarnym, osobom niepełnosprawnym i osobom w podeszłym wieku.4. Władze publiczne są obowiązane do zwalczania chorób epidemicznych i zapobiegania negatywnym dla zdrowia skutkom degradacji środowiska.5. Władze publiczne popierają rozwój kultury fizycznej, zwłaszcza wśród dzieci i młodzieży.
Article 11.(5) La loi règle quant à ses principes la sécurité sociale, la protection de la santé, les droits des travailleurs, la lutte contre la pauvreté et l’intégration sociale des citoyens atteints d’un handicap. Article 23. L’Etat veille à l’organisation de l’instruction primaire, qui sera obligatoire et gratuite et dont l’accès doit être garanti à toute personne habitant le Grand-Duché. L’assistance médicale et sociale sera réglée par la loi. (...)
Article 11.(5) The law regulates as to their principles[:] social security, the protection of health, the rights of workers, [and] the struggle against poverty and social integration of citizens affected by a handicap. Article 23. The State sees to the organization of primary education, which will be obligatory and free and to which access must be guaranteed to every person inhabiting the Grand Duchy. Medical and social assistance is regulated by the law. (...)
Article 53. The State shall take care of the health of people and shall guarantee medical aid and services for a person in the event of sickness. The procedure for providing medical aid to citizens free of charge at state medical establishments shall be established by law. The State shall promote the physical culture of society and shall support sport. The State and each person must protect the environment from harmful influences.
Preamble (10) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Directive seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members.
(16) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Directive seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of Articles 1, 7, 11, 14, 15, 16, 18, 21, 24, 34 and 35 of that Charter, and should therefore be implemented accordingly.
(34) With regard to social assistance and health care, the modalities and detail of the provision of core benefits to beneficiaries of subsidiary protection status should be determined by national law. The possibility of limiting the benefits for beneficiaries of subsidiary protection status to core benefits is to be understood in the sense that this notion covers at least minimum income support, assistance in case of illness, pregnancy and parental assistance, in so far as they are granted to nationals according to the legislation of the Member State concerned.
(35) Access to health care, including both physical and mental health care, should be ensured to beneficiaries of refugee or subsidiary protection status.
Article 2: DefinitionsFor the purposes of this Directive the following definitions shall apply:(a) ‘international protection’ means refugee status and subsidiary protection status as defined in points (e) and (g);(d) ‘refugee’ means a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 does not apply; [...](e) ‘refugee status’ means the recognition by a Member State of a third-country national or a stateless person as a refugee;(f) ‘person eligible for subsidiary protection’ means a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15, and to whom Article 17(1) and (2) does not apply, and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country;(g) ‘subsidiary protection status’ means the recognition by a Member State of a third-country national or a stateless person as a person eligible for subsidiary protection; [...]
Article 13: Granting of refugee statusMember States shall grant refugee status to a third-country national or a stateless person who qualifies as a refugee in accordance with Chapters II and III.‘
Article 18: Granting of subsidiary protection statusMember States shall grant subsidiary protection status to a third-country national or a stateless person eligible for subsidiary protection in accordance with Chapters II and V.‘
Article 21: Protection from refoulement
1. Member States shall respect the principle of non-refoulement in accordance with their international obligations.
2. Where not prohibited by the international obligations mentioned in paragraph 1, Member States may refoule a refugee, whether formally recognised or not, when:
(a) there are reasonable grounds for considering him or her as a danger to the security of the Member State in which he or she is present; or
(b) he or she, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that Member State.
3. Member States may revoke, end or refuse to renew or to grant the residence permit of (or to) a refugee to whom paragraph 2 applies.
Article 22: Information
Member States shall provide persons recognised as being in need of international protection, as soon as possible after the respective protection status has been granted, with access to information, in a language likely to be understood by them, on the rights and obligations relating to that status.
Article 23: Maintaining family unity
1. Member States shall ensure that family unity can be maintained.
2. Member States shall ensure that family members of the beneficiary of refugee or subsidiary protection status, who do not individually qualify for such status, are entitled to claim the benefits referred to in Articles 24 to 34, in accordance with national procedures and as far as it is compatible with the personal legal status of the family member.
In so far as the family members of beneficiaries of subsidiary protection status are concerned, Member States may define the conditions applicable to such benefits.
In these cases, Member States shall ensure that any benefits provided guarantee an adequate standard of living.
3. Paragraphs 1 and 2 are not applicable where the family member is or would be excluded from refugee or subsidiary protection status pursuant to Chapters III and V.
4. Notwithstanding paragraphs 1 and 2, Member States may refuse, reduce or withdraw the benefits referred therein for reasons of national security or public order.
5. Member States may decide that this Article also applies to other close relatives who lived together as part of the family at the time of leaving the country of origin, and who were wholly or mainly dependent on the beneficiary of refugee or subsidiary protection status at that time.
Article 26: Access to employment
1. Member States shall authorise beneficiaries of refugee status to engage in employed or self-employed activities subject to rules generally applicable to the profession and to the public service, immediately after the refugee status has been granted.
2. Member States shall ensure that activities such as employment-related education opportunities for adults, vocational training and practical workplace experience are offered to beneficiaries of refugee status, under equivalent conditions as nationals.
3. Member States shall authorise beneficiaries of subsidiary protection status to engage in employed or self-employed activities subject to rules generally applicable to the profession and to the public service immediately after the subsidiary protection status has been granted. The situation of the labour market in the Member States may be taken into account, including for possible prioritisation of access to employment for a limited period of time to be determined in accordance with national law. Member States shall ensure that the beneficiary of subsidiary protection status has access to a post for which the beneficiary has received an offer in accordance with national rules on prioritisation in the labour market.
4. Member States shall ensure that beneficiaries of subsidiary protection status have access to activities such as employment-related education opportunities for adults, vocational training and practical workplace experience, under conditions to be decided by the Member States.
5. The law in force in the Member States applicable to remuneration, access to social security systems relating to employed or self-employed activities and other conditions of employment shall apply.
Article 27: Access to education
1. Member States shall grant full access to the education system to all minors granted refugee or subsidiary protection status, under the same conditions as nationals.
2. Member States shall allow adults granted refugee or subsidiary protection status access to the general education system, further training or retraining, under the same conditions as third country nationals legally resident.
3. Member States shall ensure equal treatment between beneficiaries of refugee or subsidiary protection status and nationals in the context of the existing recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications.
Article 28: Social welfare
1. Member States shall ensure that beneficiaries of refugee or subsidiary protection status receive, in the Member State that has granted such statuses, the necessary social assistance, as provided to nationals of that Member State.
2. By exception to the general rule laid down in paragraph 1, Member States may limit social assistance granted to beneficiaries of subsidiary protection status to core benefits which will then be provided at the same levels and under the same eligibility conditions as nationals.
Article 29: Health care
1. Member States shall ensure that beneficiaries of refugee or subsidiary protection status have access to health care under the same eligibility conditions as nationals of the Member State that has granted such statuses.
2. By exception to the general rule laid down in paragraph 1, Member States may limit health care granted to beneficiaries of subsidiary protection to core benefits which will then be provided at the same levels and under the same eligibility conditions as nationals.
3. Member States shall provide, under the same eligibility conditions as nationals of the Member State that has granted the status, adequate health care to beneficiaries of refugee or subsidiary protection status who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict.
Preamble (25) During the screening, the best interests of the child should always be a primary consideration in accordance with Article 24(2) of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Child protection authorities should, wherever necessary, be closely involved in the screening to ensure that the best interests of the child are duly taken into account throughout the screening. A representative should be appointed to represent and assist the unaccompanied minor during the screening or, where a representative has not been appointed, a person trained to safeguard the best interests and general wellbeing of the minor should be designated. Where applicable, that representative should be the same as the representative appointed in accordance with the rules on unaccompanied minors in Directive (EU) 2024/1346. The trained person should be the person designated to provisionally act as a representative under that Directive, where that person has been designated.
(37) A preliminary vulnerability check should be carried out with a view to identifying persons with indications of being vulnerable, of being victims of torture or other inhuman or degrading treatment, or of being stateless, or who may have special reception or procedural needs within the meaning of Directive (EU) 2024/1346 and Regulation (EU) 2024/1348, respectively. This should be without prejudice to further assessment in ensuing procedures following the completion of the screening. The vulnerability check should be carried out by specialised personnel of the screening authorities trained for that purpose.
(38) During the screening, all persons concerned should be guaranteed a standard of living complying with the Charter and have access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals with vulnerabilities, such as pregnant women, elderly persons, single-parent families, persons with an immediately identifiable physical or mental disability, persons visibly having suffered psychological or physical trauma and unaccompanied minors. In particular, in the case of a minor, information should be provided in a child-friendly and age-appropriate manner. All the authorities involved in the performance of the tasks related to the screening should report any situation of vulnerabilities observed or reported to them, should respect human dignity and privacy, and should refrain from any discrimination.
Article 8 : Requirements concerning the screening
8. Member States shall ensure that all persons subject to the screening are accorded a standard of living which guarantees their subsistence, protects their physical and mental health and respects their rights under the Charter.
Article 10 : Monitoring of fundamental rights
2. Each Member State shall provide for an independent monitoring mechanism in accordance with the requirements set out in this Article, which shall:
(a) monitor compliance with Union and international law, including the Charter, in particular as regards access to the asylum procedure, the principle of non-refoulement, the best interest of the child and the relevant rules on detention, including relevant provisions on detention in national law, during the screening; and
(b) ensure that substantiated allegations of failure to respect fundamental rights in all relevant activities in relation to the screening are dealt with effectively and without undue delay, trigger, where necessary, investigations into such allegations and monitor the progress of such investigations.
Article 12: Preliminary health checks and vulnerabilities
3. Third-country nationals subjected to the screening referred to in Articles 5 and 7 shall be subject to a preliminary vulnerability check by specialised personnel of the screening authorities trained for that purpose, with a view to identifying whether a third-country national might be a stateless person, vulnerable or a victim of torture or other inhuman or degrading treatment, or have special needs within the meaning of Directive 2008/115/EC, Article 25 of Directive (EU) 2024/1346 and Article 20 of Regulation (EU) 2024/1348. For the purpose of that vulnerability check, the screening authorities may be assisted by non-governmental organisations and, where relevant, by qualified medical personnel.
Article 13: Guarantees for minors
1. During the screening, the best interests of the child shall always be a primary consideration in accordance with Article 24(2) of the Charter.
Article 168
(ex Article 152 TEC)
1. A high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities.
Union action, which shall complement national policies, shall be directed towards improving public health, preventing physical and mental illness and diseases, and obviating sources of danger to physical and mental health. Such action shall cover the fight against the major health scourges, by promoting research into their causes, their transmission and their prevention, as well as health information and education, and monitoring, early warning of and combating serious cross-border threats to health.
The Union shall complement the Member States' action in reducing drugs-related health damage, including information and prevention.
2. The Union shall encourage cooperation between the Member States in the areas referred to in this Article and, if necessary, lend support to their action. It shall in particular encourage cooperation between the Member States to improve the complementarity of their health services in cross-border areas.
Member States shall, in liaison with the Commission, coordinate among themselves their policies and programmes in the areas referred to in paragraph 1. The Commission may, in close contact with the Member States, take any useful initiative to promote such coordination, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.
3. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of public health.
4. By way of derogation from Article 2(5) and Article 6(a) and in accordance with Article 4(2)(k) the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, shall contribute to the achievement of the objectives referred to in this Article through adopting in order to meet common safety concerns:
(a) measures setting high standards of quality and safety of organs and substances of human origin, blood and blood derivatives; these measures shall not prevent any Member State from maintaining or introducing more stringent protective measures;
(b) measures in the veterinary and phytosanitary fields which have as their direct objective the protection of public health;
(c) measures setting high standards of quality and safety for medicinal products and devices for medical use.
5. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, may also adopt incentive measures designed to protect and improve human health and in particular to combat the major cross-border health scourges, measures concerning monitoring, early warning of and combating serious cross-border threats to health, and measures which have as their direct objective the protection of public health regarding tobacco and the abuse of alcohol, excluding any harmonisation of the laws and regulations of the Member States.
6. The Council, on a proposal from the Commission, may also adopt recommendations for the purposes set out in this Article.
7. Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care. The responsibilities of the Member States shall include the management of health services and medical care and the allocation of the resources assigned to them. The measures referred to in paragraph 4(a) shall not affect national provisions on the donation or medical use of organs and blood.
Article 17 General rules on material reception conditions and health care ‘1. Member States shall ensure that material reception conditions are available to applicants when they make their application for international protection. 2. Member States shall ensure that material reception conditions provide an adequate standard of living for applicants, which guarantees their subsistence and protects their physical and mental health. Member States shall ensure that that standard of living is met in the specific situation of vulnerable persons, in accordance with Article 21, as well as in relation to the situation of persons who are in detention. 3. Member States may make the provision of all or some of the material reception conditions and health care subject to the condition that applicants do not have sufficient means to have a standard of living adequate for their health and to enable their subsistence. 4. Member States may require applicants to cover or contribute to the cost of the material reception conditions and of the health care provided for in this Directive, pursuant to the provision of paragraph 3, if the applicants have sufficient resources, for example if they have been working for a reasonable period of time. If it transpires that an applicant had sufficient means to cover material reception conditions and health care at the time when those basic needs were being covered, Member States may ask the applicant for a refund. 5. Where Member States provide material reception conditions in the form of financial allowances or vouchers, the amount thereof shall be determined on the basis of the level(s) established by the Member State concerned either by law or by the practice to ensure adequate standards of living for nationals. Member States may grant less favourable treatment to applicants compared with nationals in this respect, in particular where material support is partially provided in kind or where those level(s), applied for nationals, aim to ensure a standard of living higher than that prescribed for applicants under this Directive.‘ Article 19 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 illnesses and of serious mental disorders. 2. Member States shall provide necessary medical or other assistance to applicants who have special reception needs, including appropriate mental health care where needed.‘
‘30. The ground of nationality should not bar access to Covenant rights, e.g. all children within a State, including those with an undocumented status, have a right to receive education and access to adequate food and affordable health care. The Covenant rights apply to everyone including non-nationals, such as refugees, asylum-seekers, stateless persons, migrant workers and victims of international trafficking, regardless of legal status and documentation.‘ ‘35. Individuals and groups of individuals must not be arbitrarily treated on account of belonging to a certain economic or social group or strata within society. A person’s social and economic situation when living in poverty or being homeless may result in pervasive discrimination, stigmatization and negative stereotyping which can lead to the refusal of, or unequal access to, the same quality of education and health care as others, as well as the denial of or unequal access to public places.‘
‘Acknowledging that the Convention on the Rights of Persons with Disabilities laid the foundation for a paradigm shift in mental health and created the momentum for deinstitutionalization and the identification of a model of care based on respect for human rights that, inter alia, addresses the global burden of obstacles in mental health, provides effective mental health and community-based services and respects the enjoyment of legal capacity on an equal basis with others,‘ ‘Reaffirming that the right to the enjoyment of the highest attainable standard of physical and mental health is an inclusive right, and reaffirming also the need to address issues related to health care and to the underlying determinants of health in this context, ‘ ‘Reaffirming the right of refugees and migrants to the enjoyment of the highest attainable standard of physical and mental health, and underscoring the vulnerable situations that can have a negative impact on the mental health of persons on the move, ‘
6. The Assembly therefore calls on the Council of Europe member States to: ‘6.1. reduce, where appropriate, the proportion of health expenditure payable by the most disadvantaged patients and take all other necessary measures to ensure that the cost of care does not hinder access to care, including the promotion of increased use of generic drugs; 6.2. ensure the accessibility of health care facilities and health professionals throughout the territory by taking appropriate measures, having recourse where appropriate to incentive measures; 6.3. ensure the accessibility of information on the health system, including vaccination and screening programmes, and set up health education programmes, while taking account of the specific needs of the different vulnerable groups and of the requirement to reduce language barriers to a minimum; 6.4. ensure that pregnant women and children, as a particularly vulnerable group, have full access to health care and social protection, irrespective of their status; 6.5. simplify the administrative procedures required to be able to receive health care; 6.6. introduce measures to combat corruption in the health sector, in close co-operation with the Group of States against Corruption (GRECO); 6.7. dissociate their security and immigration policies from health policy, where appropriate by abolishing the obligation on health professionals to report migrants in an irregular situation; 6.8. introduce training policies for health professionals stressing the need to combat arbitrary applications, discrimination and corruption in the health sector. ‘
