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EU Inititive: Ärzte der Welt fordert Abschiebestopp für schwerkranke Asylsuchende |
Directive
on common standards and procedures in Member States for returning
illegally staying third-country nationals : request for modification
To the Members of European Parliament :
Our attention has been drawn to a new directive published on September
1st 2005 on common standards and procedures in Member States for
returning illegally staying third-country nationals. The directive is
about to be adopted in the coming weeks or months by the European
parliament and the Council.
We are concerned that the directive takes into account the
health conditions of migrants only in terms of ensuring that they do
not die during transportation to their country of origin .
We would like to emphasise 2 facts :
- We are strongly against
considering health issues from a cost point of view, which is
to say only to avoid extra costs for transport companies having to deal
with a dying passenger
- One of the strong common basis of
European Union is to refuse death sentence : we all agree with this
fundamental principle. But when a European country returns a
person with an illness which cannot be cured in his country of origin,
it is just a postponed administrative death sentence (this does concern
HIV but also Hypertension, cancers, diabetes…).
This is the reason why we are asking your full support to make sure
that the health and lives of ill migrants are not put under threat as a
result of an administrative procedure. As such, we are asking you to
amend paragraph 5 of the article 6 " Return
decision " of the chapter II " Termination of illegal stay
" by adding the following text as shown below:
Chapter
II Termination of illegal stay
Article
6 Return decision
5/
Member States may, at any moment decide to grant an autonomous
residence permit or another authorisation offering a right to stay for
compassionate, humanitarian or other reasons to a third-country
national staying illegally on their territory.
Text
to be added in the middle of the paragraph :
For
any person suffering from a serious illness, Member States grant an
autonomous residence permit or another authorisation conferring a right
to stay to receive adequate access to healthcare, unless it can be
proved that he/she can receive appropriate treatment and medical care
in his/her country of origin.
In
this event no return decision shall be issued or where a return
decision has already been issued, it shall be withdrawn.
Extract from the directive, chapter 2, article 8 :
« …
2. Member States shall postpone the execution of a removal order in the
following circumstances, for as long as those circumstances prevail:
a) inability of the third-country national to travel or to be
transported to the country of return due to his or her physical state
or mental capacity ;
… »
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