What will Refugees Do If They are Infected? What are Their Rights?

* Photo: Gökhan Balcı - Edirne / AA

Click to read the article in Turkish

The Progressive Lawyers Association (ÇHD) has announced that all refugees in Turkey, registered or unregistered, have the right to receive treatment during the novel coronavirus (Covid-19) pandemic.

The Association has prepared guides in Turkish Arabic, French and English. The guide has underlined that as per the European Convention on Human Rights and other laws, health workers are obliged to continue the treatment:

"Emergency Health Services are also free for me as they are for the citizens. Those who do not comply with my rights have legal responsibilities."

The guide entitled "I Have a Health Right" addresses health workers on behalf of refugees in different statuses and gives the following information:

If I have made application to Immigration, Conditional Immigration or Secondary Protection?

"I am within the scope of Health Insurance according to Foreigners and International Protection Law no:6458, Article 89/3/c, Law No: 5510 Articles 3/1/27 and 60/1/c/2. I should utilize the protection of law as do the citizens. Acceptance of my application is not a condition; it is enough that I have made my application.

If I don't have my application or my certificate?

"I am a human being and I am in Turkey. According to European Human Rights Agreement, the State has to protect my life and my health. This responsibility precedes laws and legislations in internal law pursuant to Article 90/5 of Constitution. In short, the "Law" orders me to be examined and treated as are the citizens. The officials who will perform the responsibilities of the State are you, health providers.

I am not a Tourist

"Legislation No: 25541, Article 13/e has ensured that the legislation does not involve immigrants, refugees and those who have applied to these statuses, stateless people, and victims of human trafficking. Charges that may be requested from tourists cannot be requested from me.

"If I am in Turkey within the scope of Temporary Protection, that is, if was forced to leave my country, and came by escaping from violence environment in mass or individually at that time, obligatory and principle health services are free according to Temporary Protection Legislation Article 27. No extra charge can be requested more than that for those within general health insurance for second and third stage health services.

Don't Denounce, Treat

"Denouncement Obligation of doctors and other health officials shows up if there is a crime (Turkish Criminal Code, Article 279/1). Actions such as to enter into Turkish Borders, to stay within Turkey without permission, to be without certificate are not a crime but misdemeanor.

"There is no condition that is related to criminal code. The result of these actions are transactions such as administrative fines, deportation etc. at most. Besides, if it is understood that I am in a condition which necessitates international protection, these cannot be applied, either.

"If I have been denounced, I may not have treatment until my condition is understood, my treatment may not be completed or I may not recover fully. Act according to law not your ethical value judgments, your own will, and your own truths, prioritize my health right, do not denounce me on purpose, do not block my health right with a transaction that you do not have to make."

Click here for the guides in Turkish, French and Arabic

(AS/SD)