The European Committee of Social Rights (ECSR) published its decision on the merits concerning the Collective Complaint No. 227/2023, Amnesty International and Médecins du Monde – International v. Sweden.
The Committee concluded that there is a violation of Article 11§1 of the Charter with respect to the denial of access to healthcare to persons concerned based on their status as vulnerable EU migrants. It further held that there is a violation of Article E taken in conjunction with Article 11§1 of the Charter with respect to the difference in treatment of vulnerable EU migrants in different regions and in comparison, to undocumented migrants. The Committee also established the existence of indirect discrimination on the ground of ethnic origin having regard to the same Charter provisions.
The complaint was lodged by Amnesty International and Médecins du Monde – International, who alleged that many vulnerable EU migrants in Sweden were either denied necessary healthcare or billed the full cost of healthcare, and thus discouraged from seeking care due to these barriers. The ECSR underlined that “healthcare is a prerequisite for the preservation of human dignity” and held that Sweden’s practices placed the affected individuals in an “unacceptable situation regarding the enjoyment of these rights, as compared with the situation of nationals and of lawfully resident foreigners”.
The Committee further found that the difference in regional practices and the lack of clear national rules exacerbated indirect discrimination, particularly against Roma migrants. The ECSR therefore held that Sweden must ensure effective access to healthcare and eliminate discriminatory treatment for all vulnerable EU migrants, irrespective of their residence status or ethnic origin.
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