Strasbourg Medical Expulsion Rulings: Beyond the Deathbed Requirement
For decades, the European Court of Human Rights (ECtHR) has applied a restrictive interpretation on the Article 3 threshold in extradition cases. The removal of aliens from the contracting state is lawful unless the applicant faces an imminent risk of death (D v. the United Kingdom (St Kitts)). However, with the Paposhvili ruling the Court has lowered the deathbed requirement to a more favourable standard as confirmed in the latest Savran case. But will those facing medical expulsion really benefit from this new standard at national level?
|Keywords||medical expulsion − threshold − severity approach − intense mental suffering − Savran|
|Journal||European Journal of Health Law|
den Exter, A.P. (2019). Strasbourg Medical Expulsion Rulings: Beyond the Deathbed Requirement. European Journal of Health Law, (6). Retrieved from http://hdl.handle.net/1765/129063