What Healthcare Services Temporary Protection Entitles to Have? Navigating the European Social Charter

What is it about?

This article examines the activation of the European Union Temporary Protection Directive in response to the war in Ukraine, which introduced a new migration status called temporary protection. The healthcare requirements outlined in the Directive are ambiguous but expected to align with human rights standards. The study focuses on the European Social Charter (revised), which recognises various health-related rights, to analyse the standards set by the Charter. The article clarifies the extent to which these health-related rights apply to individuals under temporary protection. It finds that applying these rights depends on factors such as citizenship, the pursuit of refugee status, and whether the person is considered a resident or regular worker. The research highlights the uncertainty surrounding the position of individuals under temporary protection and discusses how the European Social Rights Committee might address this ambiguity to provide them with adequate protection.

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