NATIONAL REPORT 2016
The right to rehabilitation
In accordance with the Convention against
Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (hereinafter, CAT)
and General Comment 3 on the implementation of Article 14, States parties have an
obligation to ensure that victims of torture
and ill-treatment have free and prompt
access to rehabilitation services. Furthermore, Article 25 of the Reception Conditions
Directive notes that “Member States shall
ensure that persons who have been subjected
to torture, rape or other serious acts of
violence receive the necessary treatment for
the damage caused by such acts, in particular
access to appropriate medical and psychological treatment or care.”
However, as with other countries where service for survivors
of torture are offered outside state healthcare, there is no
holistic system for the rehabilitation of victims of torture
in Germany. NGO treatment centres offer psychosocial
rehabilitation programmes - providing a multidisciplinary,
holistic approach to treatment that addresses the medical,
psychological, social and legal needs of the victims. There
are only 26 of these specialised centres in Germany, mainly
in urban areas; and the demand for treatment far exceeds
the resources and funding to centres providing holistic
treatment and rehabilitation services is a major concern.
While the German national health system provides medical,
psychiatric and psychological treatment, access to these
services depends on the person’s health insurance status.
Persons with legal residency have the right to get the treatment
that is necessary; but asylum seekers, during their first 15
months of stay, only have limited access to the healthcare
system6. That means that the services are restricted to
emergency cases and help that is deemed necessary. As a
consequence, applications for therapy from asylum seekers
are rejected 10 times more often than applications from
persons with legal residency. It can take up to several
months or even a year before such an application for psychological treatment for an asylum seeker is approved.
The national law determines that after 15 months of residence in Germany, asylum seekers can apply for full access
to healthcare services; but there is still no guarantee that
victims of torture will receive the treatment they need.
A study by Bermejo et al shows that people with immigrant backgrounds do not have the same access to health
programs 7. Language barriers, including the lack of trained
interpreters and a problems with financing all serve as
obstacles to accessing appropriate treatment. The study
also found that asylum seekers often do not have proper
information about the health programmes that are being
offered. Another problem is that rehabilitation needs a
multi-professional approach with integrated social work –
such services do not exist in the regular health care system.
A german police officer takes care of a little refugee
child in the registration area of Passau.
© Jazzmany
page 7