Non-EU nationals under serious health threat cannot be expelled

The Supreme Court of Cassation has recently stated that the guarantee of the fundamental human right to health care — which, of course, extends to all human beings — might prevent the deportation order of non-EU nationals. The Court has ruled accordingly to the opinion which was emerging out of the majority of previous decisions from lower courts.

The circumstances under which authorities might not give execution to a deportation order of a non-EU national are extended to all cases in which an immediate execution may result in an irreparable harm for their health. This guarantee goes far beyond first aid and emergency medications, and includes all kind of medical services that make possible, to some extent, the survival of the individual medical and can be summoned under the definition of “essential care”.

As an official document of the Ministry of Health also made clear, “essential care” refers to any medical treatments, including diagnosis, related to diseases that even though might not be dangerous in the short term, over time could lead to extensive health damages or become life-threatening, like AIDS and hepatitis. The level of danger to health must be evaluated considering the medical facilities available in the country where the individual should be deportated. Therefore, even a simple disease might be life-threating in countries missing the necessary medical equipments or where specific drugs are not available. This exception to the execution of the deportation order has to be evaluated case by case by judges.