Tuesday, April 15, 2008
New Judgment Rules Denial of Healthcare Unlawful
Rules banning refused asylum seekers from accessing free NHS care have been deemed unlawful by the High Court.
In a recent test case between a Palestinian asylum seeker – known as ‘A’ and the Department of Health, the High Court asserted that denying ‘A’ treatment for his chronic liver disease amounted to a breach of his human rights.
The ruling may have knock on effects for up to 11 000 refused asylum seekers who are unable to be returned to their country of origin and are therefore considered to be ‘ordinarily resident’ in the UK.
‘A’s lawyers had highlighted the fact that – like many refused asylum seekers – he was unable to return to his country of origin due to the current situation (in his case in Palestine), but was equally denied the right to work. Restricting access to free healthcare whilst suffering from a serious condition was therefore inhuman and degrading.
In response, the Refugee Council said ‘This is a very important and welcome judgement. For the last four years we have sent the devastating impact of these regulations: cancer sufferers being denied radiotherapy and an operation, pregnant women refused antenatal care then forced to give birth at home. They have been a nightmare for health professionals, who have found themselves prevented from treating sick people.
These people are here lawfully and they have made themselves known to the authorities by seeking asylum. We hope this ruling will put an end to the practice of preventing vulnerable, ill people from getting the treatment they need.’
However, despite this positive decision, the campaign to prevent further restrictions to healthcare – being led my MedAct, and supported by STAR and MedSin among others – continues, with MedAct currently calling on healthcare professionals and those who support asylum seekers to submit case studies to further their campaign work. More info about the campaign to Defend Primary Healthcare is available here
or at the MedSin website and the MedAct website
Posted by Natasha King on 15/04/2008 at 01:54 PM
in Refugee News
You must be logged in to post comments.
