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.
Health check after placement in detention
You shall be examined by a doctor including necessary diagnostic and laboratory examination, vaccination and precautionary measures defined by the health protection authority; 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. 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. Slovak law provides with more detailed information.
Free medical aid
Detainees should undergo a medical examination, as prescribed by the physician, including necessary diagnostic and laboratory examinations, vaccinations, and other precautionary measures, and if a detainee requires medical attention that cannot be provided at the centre, the centre should organise care at a health care facility. Practice, a nurse is present in the centres on working days and a doctor visits the centres on a regular basis.
A detainee has the right to physical and psychological medical assistance according to the generally applied conditions of the Slovak health care system. While in detention a state will pay a standard health care insurance for you. But, the state does not have a duty to pay for everything. You have the right to pay for certain medical services yourself where the state does not have a duty to pay.
Who will provide the medical aid?
The medical assistance will normally be provided by the doctor at a detention facility. The doctor will decide whether it is necessary to provide medical help elsewhere. Duty to report on possible crime. The doctor and medical support staff have a duty to provide a written report to the administration if they suspect that an offense has been committed against a detainee that they were treating.
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.