ARTICLE 3: HOW UKRAINIAN NATIONALS CAN RELY ON MEDICAL GROUNDSIN PROTECTION CLAIMS
As the war in Ukraine continues, many Ukrainian nationals seek international protection in the UK and other countries. Among the legal grounds available, Article 3 of the European Convention on Human Rights (ECHR) is a crucial provision for those with serious medical conditions. This article prohibits torture, inhuman, or degrading treatment, which can extend to cases where an individual would face extreme suffering due to a lack of medical treatment in their home country.
Understanding Article 3 and Medical Claims
Article 3 of the ECHR states: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” While this is primarily used in asylum claims related to persecution and mistreatment, it can also apply where a person faces a real risk of serious harm due to inadequate medical care in their country of origin.
In the context of Ukrainian nationals, those with severe medical conditions may argue that returning to Ukraine would expose them to inhuman or degrading treatment if the necessary treatment is unavailable or inaccessible due to the war.
Key Legal Precedents
The European Court of Human Rights (ECtHR) and UK courts have set strict thresholds for medical claims under Article 3. Some key cases include:
- D v UK (1997) – The applicant, suffering from a terminal illness, successfully argued that deportation to a country where he would not receive adequate treatment would amount to inhuman treatment.
- Paposhvili v Belgium (2016) – The ECtHR clarified that Article 3 applies not only in cases of imminent death but also where the individual would face “intense suffering” due to a lack of adequate care.
- AM (Zimbabwe) v SSHD (2020) – The UK Supreme Court confirmed that if a person would suffer a serious, rapid, and irreversible decline in health leading to intense suffering or early death, they may qualify for protection under Article 3.
How This Applies to Ukrainian Nationals
Many Ukrainian nationals who have fled the war suffer from chronic illnesses, disabilities, or mental health conditions exacerbated by war and displacement. Protection claims under Article 3 may be considered in cases where:
- The required medical treatment is unavailable or severely limited – Due to the war, healthcare infrastructure in Ukraine is under significant strain. Many hospitals have been destroyed, and medical supplies are scarce.
- A person’s health would rapidly deteriorate upon return – If an individual’s condition would worsen significantly due to a lack of treatment, they may meet the Article 3 threshold.
- There are exceptional humanitarian grounds – If returning would lead to extreme suffering, even if the individual is not at immediate risk of death.
Challenges in Making an Article 3 Claim
While Article 3 protection claims based on medical reasons are possible, they require strong evidence, including:
- Detailed medical reports from qualified doctors explaining the condition and necessary treatment.
- Evidence of lack of treatment in Ukraine, including reports from NGOs, WHO, or government sources.
- Expert opinions on the impact of deportation on the individual’s health.
Ukrainian nationals with severe medical conditions may be able to rely on Article 3 in their protection claims. However, these claims require substantial medical and country evidence to demonstrate the risk of inhuman or degrading treatment upon return. Given the complexity of such cases, legal assistance is highly recommended to ensure a well-prepared claim. Our experienced team will be happy to assist you, advise on your eligibility, review your personal case, and guide you through the application process. Whether you’re seeking advice or representation, we are committed to helping you.
