Do you have the right to medical aid?
You have the right to medical care during your whole stay at the place of detention. Emergency medical care must always be free.The right to medical help does not mean that the State has a duty to pay for everything.
The state does not have a duty to pay for expensive medical treatment which is not immediately necessary.Your state of health will be checked by a doctor at the time of your placement in the place of detention, including necessary diagnostic and laboratory examination, vaccination and precautionary measures defined by the health protection authority.
You cannot choose your own doctor or nurse. Necessary medical treatment is provided by a doctor or a nurse in the facility.
Special attention shall be paid to vulnerable persons. If your health condition requires health care which the facility is unable to provide, it shall be arranged by the facility at a health care facility outside the facility.
Migration office will issue a special card (yellow card) confirming that you are eligible for a medical care. If you cause intentional injury to your health, you are obliged to pay the costs of the health care provided and the actual costs incurred for supervision and transport to the health care facility.
You can read more on medical help in Act on Residence of Foreigners and the Act on Health Care Surveillance.
What human rights violation may there be?
Inhumane or degrading treatment
A lack of appropriate medical aid may result in a human rights violation such as inhumane or degrading treatment. For example, if you are suffering from stomach pain for a considerable time and you are not able to see a doctor.
However, it will not always be a human rights violation if you do not receive medical aid instantly. The suffering and mistreatment has to reach at least a minimum level of severity. When assessing whether the lack of medical aid resulted in inhumane or degrading treatment, such things as the duration of the suffering, the physical and psychological effects, your age, gender and the condition of your health would be taken into account. Read more about how to evaluate whether your rights have been violated.
Right to life
If the detainee dies because of the lack of required medical help whilst in detention, it may result in a violation of the right to life. Read more about how to evaluate whether the right to life has been violated.