| Title |
Kalinio teisė gauti tarpvalstybines sveikatos priežiūros paslaugas / |
| Translation of Title |
The prisoner‘s right to receive cross-border health care services. |
| Authors |
Milašiūtė, Vygantė |
| DOI |
10.15388/Teise.2018.106.11651 |
| Full Text |
|
| Is Part of |
Teisė.. Vilnius : Vilniaus universiteto leidykla. 2018, t. 106, p. 27-45.. ISSN 1392-1274. eISSN 2424-6050 |
| Keywords [eng] |
prisoner‘s right ; human rights ; health care |
| Abstract [eng] |
The article from a human rights perspective examines whether persons serving a sentence of deprivation of liberty in Lithuania have a right to avail themselves of the freedom of movement seeking to receive health care services in another EU Member State. Analysis is based on legal acts of the Republic of Lithuania and the EU as well as the ECHR. Conclusion is reached that such right of the prisoner exists in Lithuania because the ECHR requires that the right to receive cross-border health care services foreseen under EU law should be applied in a non-discriminatory manner. It is demonstrated that where prisoners satisfy the condition of having social insurance necessary for the application of Regulation (EC) No. 883/2004 and Directive No. 2011/24/EU there is no basis for depriving them of the possibility to enjoy their right under the Regulation and the Directive to receive health care services abroad. In certain cases, the obligation to ensure appropriate conditions of detention resulting from Article 3 of the ECHR may even require that the State provide the rights foreseen under the Regulation beyond the personal scope of application of the Regulation, i.e. to prisoners who do not satisfy the condition of having social insurance. |
| Published |
Vilnius : Vilniaus universiteto leidykla |
| Type |
Journal article |
| Language |
Lithuanian |
| Publication date |
2018 |
