Legislation in Malta (national health system)
The treatment that Maltese legislation gives to asylum seekers and undocumented migrants is not very different. This treatment is to a great extent explained by the absence of a legal framework that clearly differentiates the groups of foreigners present in the territory and establishes their basic rights.
There is a law recognizing the right of asylum seekers to access "state medical care and services" (without any more specification). However, no Maltese legal provision refers to undocumented migrants' access to health care. There is only a non-legally binding "policy document" establishing that all foreigners in detention are entitled to "free state medical care and services". Although the interpretation of this term is usually quite large, practice shows that effective access to health care and medicines by these populations highly depend on discretionary decisions made at hospitals or on the scarce medical resources of detention centres and the willingness of their guardians.
In the cases where they are allowed to receive medical services, they access the mainstream system primarily showing their "police number" as a unique identification.
Download the report on the Maltese legislation on the access to health care for undocumented migrants and asylum seekers.
Download the Comparative overview of the legislation on access to health care for undocumented migrants and asylum seekers in 16 countries.
Maltese News on health care
Two crucial reports which may shed light on whether Malta's prison is "inhumane" or "luxurious" remain unpublished as the debate on prison conditions is rekindled.
Source: Times of Malta
On Monday 6 July 2009, Doctors Without Borders / Médecins Sans Frontières (MSF) released a report entitled ‘Migrants, refugees and asylum seekers: Vulnerable people at Europe’s doorstep’. MSF reports on its activities in Italy, Greece, Malta, and Morocco.
The United Nations Working Group on Arbitrary Detention concluded a visit to Malta, which has been organized, between 19 and 23 January 2009 at the invitation of the Maltese government.
The Group said the length of time illegal migrants are detained is not "in line with international human rights law". Although Malta applies fast-track procedures in the case of vulnerable groups (families with children, unaccompanied minors, pregnant women and breast-feeding mothers, and people with disabilities, serious or chronic physical or mental health problems), according to the Government it may still take up to 3 months to release these people from the detention centres. Furthermore, those who are considered a health risk must stay in detention.
On 13 March, Jacques Barrot, JLS Commissioner and Vice-President of the European Commission, participated in a fact-finding mission concerning detention conditions of immigrants on the island of Lampedusa. Visibly shocked by the critical state of the island's detention system, the Commissioner stressed the need to improve the conditions prevailing in the detention centres. "Particular attention should be paid to access to health care for vulnerable groups", he said. He also pledged to make more funds available to Malta on top of the money already allocated, especially in order to improve the centres. Finally, he emphasized that the creation of the European Asylum Support Office could lead to the setting up of a pilot programme to transfer asylum seekers from Malta to other EU Member States, hopefully by 2010. '
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