Health care

Serbia

Country Report: Health care Last updated: 30/11/20

Author

Belgrade Centre for Human Rights Visit Website

Asylum Act prescribes that right to a healthcare is guaranteed to all persons granted asylum and that all the costs of health care are covered by the State.[1] Additionally, foreigners’ health care is also governed by the Health Care Act (HCA)[2] and the Health Insurance Act (HIA)[3] as well as the Rulebook on the Terms and Procedure for Exercising the Right to Compulsory Health Insurance (RHI).[4] HCA stipulates that refugees and asylum seekers are entitled to health care under equal terms as Serbian nationals.[5]

HIA and RHI do not specify further the rights of refugees other than those from former Yugoslavian republics. Thus, the HIA does not recognise the refugees and asylum seekers referred to in the Asylum Act as a separate category of insured standard. [6] The same conclusion can be drawn in relation to the Serbian Health Insurance Fund.[7] Hence, asylum seekers and persons granted asylum are not entitled to compulsory health insurance and issuance of health insurance cards.[8] In practice, they need to rely on NGOs and UNHCR to access health care facilities.

In general, appropriate enjoinment of the right to health care depends on the assistance of relevant CSOs and International Organizations.[9]

 


[1] Article 63 Asylum Act.

[2] Official Gazette no. 25/19.

[3] Official Gazette no. 107/25, 109/05 – correction, 57/11, 110/12 – Constitutional Court Decision, 119/12, 99/14, 123/14, and 126/14 – Constitutional Court Decision.

[4] Official Gazette no. 10/10, 18/10 – correction, 46/10, 52/10 – correction, 80/10, 60/11 – Constitutional Court Decision, and 1/13.

[5] Article 236, para. 1, and Article 239 of the Law on Health Care.

[6]Article 11 HIA.

[7] Exercising the Right to Compulsory Health Insurance, Serbian Health Insurance Fund, Belgrade, May 2015, available (in Serbian) at: http://bit.ly/33amche.

[8] Article 25 HIA; see more in BCHR, Right to Asylum in the Republic of Serbia 2019, 184-185.

[9] BCHR, Right to Asylum in the Republic of Serbia 2019, 185-187.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection