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Portrait of Yana Litins'ka

Yana Litins'ka

Senior lecturer

Portrait of Yana Litins'ka

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

Author

  • Yana Litins'ka

Summary, in English

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.

Department/s

  • Department of Law
  • Health Law
  • Norma Research Programme
  • Human Rights Law
  • Law and Vulnerabilities
  • LU Profile Area: Human rights

Publishing year

2024

Language

English

Pages

51-72

Publication/Series

European Journal of Health Law

Volume

31

Issue

1

Document type

Journal article

Publisher

Martinus Nijhoff Publishers

Topic

  • Law

Keywords

  • Ukraine
  • Sweden
  • Welfare state
  • Access to health
  • Vaccination
  • Temporary protection
  • Migration law
  • Public law
  • Medical law
  • Right to medical assistance
  • Elderly
  • Persons with disabilities
  • Hälsorätt
  • Migrationsrätt
  • Civilrätt

Status

Published

Project

  • Improved preparedness for future pandemics and other health crises through large-scale disease surveillance
  • Migrants' access to healthcare

Research group

  • Health Law
  • Norma Research Programme
  • Human Rights Law
  • Law and Vulnerabilities

ISBN/ISSN/Other

  • ISSN: 0929-0273