Hammarberg concerned about the automatic return of children
Thomas Hammarberg, the Council of Europe Commissioner for Human Rights, has expressed concerns on the practice of quickly returning children to new reception centres established in their country of origin. “Authorities in Denmark, Netherlands, Norway, Spain, Sweden and the United Kingdom are reported to be looking into the possibility of sending children back to such institutions in Afghanistan, Iraq or a couple of countries in Africa”, said the Commissioner. He recommends that any return of a child should be carefully assessed against the child's best interest, including their safety and protection, and that any policy on children migration must comply with the UN Convention on the Rights of the Child.
Source: Council of Europe, “Children coming alone as migrants should not be automatically returned” says Commissioner Hammarberg
COUNCIL
Moving towards equity in health
The Spanish Ministry of Health and Social Policy established “Moving towards equity in health: monitoring social determinants of health and reduction of health inequalities” as one of the priorities for the Spanish presidency of the European Union in the first semester of 2010 (see HUMA newsletter of March 2010).
A draft report has been released by the Spanish presidency. On the basis of this draft report, draft conclusions have also been prepared by the Spanish presidency; one of these conclusions is that children and pregnant women should receive universal access to health care, irrespective of their residence status. This draft report and draft conclusions have been discussed during an informal meeting of health ministers on 22 April, and should be formally adopted during the EPSCO Council meeting of 8 June. The HUMA network suggested some additions to the report and released a briefing note on the issue.
COMMISSION
Delivering an area of freedom, security and justice for Europe's citizens
The Commission released its Action Plan Implementing the Stockholm Programme (COM 171/2010).
It is planning to present a legislative proposal amending Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence in 2012, and a proposal for an immigration code, i.e. “the consolidation of legislation in the area of legal immigration taking into account the evaluation of the existing legislation, needs for simplification and where necessary extend the existing provisions to categories of workers currently not covered by EU legislation”, in 2013.
NATIONAL DEVELOPMENTS
ITALY
A national survey conducted by Censis, an Italian research centre for social investments, has shown that more than 80% of Italian citizens are in favour of access to health care for undocumented migrants.
Source: PICUM newsletter, April 2010, and Adnkronos.
NETHERLANDS
Individual assessment is necessary before returning separated children
In a recent position paper, ECPAT-NL and UNICEF-NL condemn the systematic return of separated children who don’t qualify for asylum to reception houses in the country of origin. This policy is led by the Netherlands and followed by other Member States such as Norway, Denmark, the UK and Sweden. However, ECPAT-NL and UNICEF-NL underline the necessity of proving on the basis of an individual assessment whether or not the child’s well-being can be guaranteed if s/he is sent back: “it is necessary to make an individual assessment to decide whether a durable solution is to return to the country of origin or integration in the country of residence.” In addition, “a careful assessment must be made when a child is reunited with family members.” It must be ensured that these family members can provide “appropriate long-term care in the best interest of the child.” ECPAT-NL and UNICEF-NL recall that the best interest of the child must be the most important determining criteria in deciding whether s/he should be returned to his/her country of origin.
Source: Defence for Children International, ECPAT-NL and UNICEF-NL, ‘Position paper on the return of separated children: to reception houses in countries of origin’
USA
Patient Protection and Affordability Act
The U.S. Congress passed and the President signed into law legislation that will bring a huge change to the American health care system. Despite the bill’s investment and focus on preventative health care and wellness and national recognition of health disparities and cultural and linguistic competence, the status quo in obtaining affordable health insurance will only change for some immigrants. Others will continue to be left out: the bill contains a restriction that prevents undocumented immigrants from buying health insurance with their own money. Because they are not allowed to buy insurance, undocumented immigrants are explicitly exempted from the insurance requirement. Unfortunately, this will not prevent undocumented immigrants from falling ill and needing health care. Thus the health care reform bill continues to allow millions in our society to remain uninsured and forced to forgo or delay care, the very thing health care reform is trying to remedy.
Sources: PICUM newsletter, April 2010, New America Media and The Guardian
PUBLICATIONS
· Impact of 10 years of poverty and social exclusion observation in times of crisis.
The National Observatory on Poverty and Social Exclusion (Observatoire national de la pauvreté et de l’exclusion sociale – ONPES) launched its sixth report (in French). The report is divided into three chapters. Chapter 1 highlights the current economic crisis and its effects on poverty and social exclusion. It analyses the measures taken by the government to counter the effects of the crisis and tries to find exit solutions or follow-up solutions. Chapter 2 attempts to find a trend explaining the evolution of poverty. It particularly analyses the situation of the most vulnerable and rights’ inequalities, e.g. the right to health. Finally, Chapter 3 presents a new approach in collecting data. Indeed, the ONPES worked on the association of people directly affected by poverty and social exclusion to the data gathering process.
· Separated, asylum-seeking children in European Union Member States
The Fundamental Rights Agency (FRA) has just published a summary report on ‘Separated, asylum-seeking children in European Union Member States’. The report reveals many short comings and deficiencies in the care provided to asylum-seeking children in the European Union, with a dedicated section on health care. The report is based on face-to-face interviews with 336 children, as well as 302 adults responsible for their care in 12 EU Member States. The report contains ‘considerations’ as to how the needs of these children can be addressed, in order to facilitate their protection, against the background of the EU Commission’s announcement that it will be issuing shortly an Action Plan on Unaccompanied Minors. The full report is expected to be released in June 2010.
"With a 2010 health care budget of 3.6% of GDP, Romania comes last in the European Union in terms of health care financing. Moreover, since that the last trimester of 2009 was financed with credits from the 2010 budget, the real figure for this year is around 2.3%–2.6% of GDP. This money will only last until July 2010" stated the Romanian College of Physicians. Compounding the problem is the medical brain drain faced by Romania, which now has one of the lowest ratios of physicians per population in Europe. Complicating matters are informal payments to physicians for their services. Doctors find the compensation attractive because of low salaries. But the payments have had a dramatic impact on equity of access to services and the public image of doctors. Haivas I (2010), ‘Health care in Romania: Fighting collapse’, CMAJ, 2(182), pp. 654-655.
UPCOMING EVENTS