NATIONAL DEVELOPMENTS

 

FRANCE

 

Non expulsion for medical reasons and residence permit for medical reasons

Since 1998, the French law provides for a renewable one-year residence permit for foreigners residing de facto in France whose medical condition requires treatment or care the lack of which can have exceptionally serious consequences, provided that they cannot benefit from an appropriate treatment in their country of origin.

The Council of State, the highest administrative court in France, recently stated that effective access to health care is not only about the simple existence of appropriate medical care in the country of origin but also depends on the current and future availability of the care or treatment needed, the financial and geographical accessibility, discriminations when accessing the care or treatment needed and, more generally, all exceptional circumstances specific to the individual case.

As for HIV positive persons, it has to be stressed that the ministry of health recommends, for some years now, an interpretation of the conditions to the residence permit for medical reasons that is in line with the spirit of the law.

Sources:

- ODSE, « Droit au séjour pour raison médicale : Le Conseil d'État réaffirme la protection contre l'éloignement et le droit au séjour des étrangers malades résidant en France n'ayant pas un accès effectif aux soins dans leur pays d'origine »

- Circulaire DGS/SD6A n^o 2005-443 du 30 septembre 2005 relative aux avis médicaux concernant les étrangers atteints par le VIH, émis dans le cadre de l'application de l'article L. 313-11, 11^o, du code de l'entrée et du séjour des étrangers et du droit d'asile

 

NETHERLANDS

A pregnant asylum seeker dies in worrying circumstances in reception centre

A pregnant asylum seeker, mother of three, died in a reception centre in worrying circumstances. One asylum seeker of the centre: "She had been sick for two weeks. With her husband, she had been trying to get an appointment with the doctor. The doctor holds a daily consultation in the centre for half an hour. Some do the queue for 1 ½ hour to see the doctor. She was suffering so much that she could not stay there and wait that long. The doctor was asked to go and see her. But that was not possible, she had to wait for an appointment. She could not eat or drink but the doctor did not have time for her."

 

The Central Agency for the Reception of Asylum Seekers (Centraal Orgaan Opvang Asielzoekers (COA) said that all procedures had been followed and that an investigation will take place to find out how this could happen. Some MPs asked for a study on access to health care for asylum seekers in reception centres, to find out what the structural shortcomings in the procedures are.

Sources:

- Nieuwsblad De Kaap, Zwangere vrouw sterft in gang AZC

- Trouw, GroenLinks: opheldering dood zwangere asielzoekster