Does the national legislation place an obligation on providing medical and/or
psychological assistance to VoTs, once identified?
Yes, there is national legislation: Hungary, Ireland,
Kosovo, Moldova.
No, there is no national legislation: Armenia,
Bulgaria, Croatia, Finland, France, Germany, Italy,
Netherlands, Sweden, Turkey, Canada, USA, Australia, New Zealand.
Yes (4; 22%)
No (14; 78%)
Europe
EU countries:
Two EU countries (Hungary and Ireland) have national legislation that places an obligation on providing medical and/or psychological assistance to VoTs, once identified. The centre in Ireland indicated
in its response that the state ratified UNCAT in 2001, and therefore Article 14 of the UNCAT is invoked.
Ireland passed legislation to give effect to the UNCAT in 2000.77
In some EU countries, access to health care is covered by the basic health insurance available. For
example, in the Netherlands, although there is no legislation placing an obligation on providing such
assistance to VoTs, all asylum-seekers have health insurance and should be able to access health
care if required. Similarly, the member centre in Croatia noted that asylum-seekers can access basic
health insurance, which covers access to health services, in accordance with the general legislation
on health care. However, what is understood as “health care” varies depending on the country’s situation and legislation and may often be limited only to urgent health care and/or will not include, for
example, preventive health care or access to psychotherapy.
Rest of Europe:
Kosovo and Moldova were the only other countries to have national legislation that places an obligation on the state to provide medical and/or psychological assistance to VoTs. The member centre in
Armenia confirmed that there is no legislation placing an obligation on the state to provide medical
or psychological assistance to VoTs. However, asylum-seekers benefit from access to medical care
and services in accordance with the general conditions for access to health care applied to citizens of
Armenia, as long as they meet the requirements laid down in the legislation.
North America and the Pacific
There is no national legislation placing an obligation on the state to provide medical and/or psychological assistance to VoTs, once identified in the USA, Canada, Australia or New Zealand. It was highlighted that in Australia there is national public funding of services that provides assistance to VoTs
and a national policy that outlines how and when these services should assist.
44 / Recognising victims of torture in national asylum procedures
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