EUROPEAN CONVENTION ON SOCIAL AND MEDICAL ASSISTANCE AND PROTOCOL THERETO

Transcription

1 Europen Trety Series - No. 14 EUROPEAN CONVENTION ON SOCIAL AND MEDICAL ASSISTANCE AND PROTOCOL THERETO Pris, 11.XII.1953

2 2 ETS 14 Soil nd Medil Assistne, 11.XII.1953 The governments signtory hereto, eing memers of the Counil of Europe, Considering tht the im of the Counil of Europe is to hieve greter unity etween its memers for the purpose, mong others, of filitting their soil progress; Being resolved, in ordne with this purpose, to extend their o-opertion in the soil field y estlishing the priniple of equl tretment for the ntionls of eh of them in the pplition of legisltion providing for soil nd medil ssistne; nd Desiring to onlude Convention to this end, Hve greed s follows : Setion I Generl provisions Artile 1 Eh of the Contrting Prties undertkes to ensure tht ntionls of the other Contrting Prties who re lwfully present in ny prt of its territory to whih this Convention pplies, nd who re without suffiient resoures, shll e entitled eqully with its own ntionls nd on the sme onditions to soil nd medil ssistne (hereinfter referred to s ssistne ) provided y the legisltion in fore from time to time in tht prt of its territory. Artile 2 For the purposes of this Convention the terms ssistne, ntionls, territory nd ountry of origin shll hve the following menings, tht is to sy : i ii iii Assistne mens in reltion to eh Contrting Prty ll ssistne grnted under the lws nd regultions in fore in ny prt of its territory under whih persons without suffiient resoures re grnted mens of susistene nd the re neessitted y their ondition, other thn non-ontriutory pensions nd enefits pid in respet of wr injuries due to foreign ouption. The terms ntionls nd territory of Contrting Prty shll hve the mening ssigned to them y suh Prty in delrtion ddressed to the Seretry Generl of the Counil of Europe for ommunition to ll other Contrting Prties, provided tht person who hs lost his ntionlity otherwise thn y deprivtion nd hs therey eome stteless shll, until he hs quired nother ntionlity, ontinue to e treted s ntionl. Country of origin mens the ountry of whih person overed y the provisions of the present Convention is ntionl.

3 3 ETS 14 Soil nd Medil Assistne, 11.XII.1953 The lws nd regultions in fore in the territories of the Contrting Prties nd to whih the present Convention pplies, nd the reservtions formulted y Contrting Prties, re set forth in Annex I nd Annex II respetively. Artile 3 Proof of the ntionlity of the person onerned shll e provided in ordne with the regultions governing suh mtters under the legisltion of the ountry of origin. Artile 4 The ost of ssistne to ntionl of ny of the Contrting Prties shll e orne y the Contrting Prty whih hs grnted the ssistne. Artile 5 The Contrting Prties undertke, so fr s their lws nd regultions permit, to help eh other to reover the full ost of ssistne s fr s possile either from third prties under finnil oligtion to the ssisted person or from persons who re lile to ontriute to the ost of mintenne of the person onerned. Setion II Reptrition Artile 6 A Contrting Prty in whose territory ntionl of nother Contrting Prty is lwfully resident shll not reptrite tht ntionl on the sole ground tht he is in need of ssistne. Nothing in this Convention shll prejudie the right to deport on ny ground other thn the sole ground mentioned in the previous prgrph. Artile 7 The provisions of Artile 6. notwithstnding, Contrting Prty my reptrite ntionl of nother Contrting Prty resident in its territory on the sole ground mentioned in Artile 6. if the following onditions re fulfilled: i ii iii the person onerned hs not een ontinuously resident in the territory of tht Contrting Prty for t lest five yers if he entered it efore ttining the ge of 55 yers, or for t lest ten yers if he entered it fter ttining tht ge; he is in fit stte of helth to e trnsported; nd hs no lose ties in the territory in whih he is resident. The Contrting Prties gree not to hve reourse to reptrition exept in the gretest modertion nd then only where there is no ojetion on humnitrin grounds.

4 4 ETS 14 Soil nd Medil Assistne, 11.XII.1953 In the sme spirit, the Contrting Prties gree tht, if they reptrite n ssisted person, filities should e offered to the spouse nd hildren, if ny, to ompny the person onerned. Artile 8 The Contrting Prty reptriting ny ntionl in ordne with the provisions of Artile 7 shll er the ost of reptrition s fr s the frontier of the territory to whih the ntionl is eing reptrited. Eh Contrting Prty undertkes to reeive ny of its ntionls reptrited in ordne with the provisions of Artile 7. Eh Contrting Prty undertkes to filitte the trnsit ross its territory of ny persons reptrited in ordne with Artile 7. Artile 9 If the ountry of whih the ssisted person lims to e ntionl does not reognise him s suh, the grounds of the dislimer must e forwrded to the ountry of residene within thirty dys or s soon s possile therefter. Artile 10 When reptrition is deided upon, the diplomti or onsulr uthorities of the ountry of origin shll e dvised (if possile, three weeks in dvne) of the reptrition of their ntionl. The uthorities of the ountry of origin shll duly inform the uthorities of ny ountry or ountries of trnsit. The ples for hnding over suh persons shll e deided y rrngement etween the ompetent uthorities of the ountry of residene nd the ountry of origin. Setion III Residene Artile 11 Residene y n lien in the territory of ny of the Contrting Prties shll e onsidered lwful within the mening of this Convention so long s there is in fore in his se permit or suh other permission s is required y the lws nd regultions of the ountry onerned to reside therein. Filure to renew ny suh permit, if due solely to the indvertene of the person onerned, shll not use him to ese to e entitled to ssistne. Lwful residene shll eome unlwful from the dte of ny deporttion order mde out ginst the person onerned, unless sty of exeution is grnted. Artile 12 The ommening dte of the period of residene lid down in Artile 7 shll in eh ountry e estlished, in the sene of evidene to the ontrry, on the sis of evidene supplied y offiil investigtion or y the douments listed in Annex III or ny douments reognised y the lws nd regultions of the ountry s ffording proof of residene. Artile 13

5 5 ETS 14 Soil nd Medil Assistne, 11.XII.1953 Proof of ontinuity of residene my e shown y the prodution of ny evidene eptle in the ountry of residene, suh s proof of ouptionl tivity or the prodution of rent reeipts. i Residene shll e regrded s ontinuous notwithstnding periods of sene of less thn three months, provided tht the sene is not used y reptrition or deporttion. ii iii iv Periods of sene of six months or more shll e held to interrupt the ontinuity of residene. In order to determine whether period of sene of etween three nd six months shll interrupt the ontinuity of residene, regrd shll e hd to the intention or otherwise of the person onerned to return to the ountry of residene nd to the extent to whih he hs preserved his onnetion therewith during the period of his sene. Servie in ships registered in the ountry of residene shll not e held to interrupt the ontinuity of residene. Servie in other ships shll e treted in ordne with the provisions of su-prgrphs i to iii ove. Artile 14 There shll e exluded in the lultion of length of residene those periods during whih the person onerned hs een in reeipt of ssistne from puli monies s lid down in the legisltive mesures mentioned in Annex I, exept in the se of medil tretment for ute illness or short-term medil tretment. Setion IV Misellneous provisions Artile 15 The dministrtive, diplomti nd onsulr uthorities of the Contrting Prties shll fford to one nother ll possile ssistne in the implementtion of this Convention. Artile 16 The Contrting Prties shll notify the Seretry Generl of the Counil of Europe of ny susequent mendment of their lws nd regultions whih my ffet Annexes I nd III. Eh Contrting Prty shll notify to the Seretry Generl of the Counil of Europe ny new lw or regultion not lredy inluded in Annex I. At the time of mking suh notifition Contrting Prty my mke reservtion in respet of the pplition of this new lw or regultion to the ntionls of other Contrting Prties. The Seretry Generl of the Counil of Europe shll ommunite to the other Contrting Prties ny informtion notified to him in ordne with prgrphs nd.

6 6 ETS 14 Soil nd Medil Assistne, 11.XII.1953 Artile 17 The Contrting Prties my, y ilterl rrngement, tke interim mesures to del with ses in whih ssistne ws grnted prior to the entry into fore of this Convention. Artile 18 The provisions of this Convention shll not limit the provisions of ny ntionl lws or regultions, interntionl onventions or ilterl or multilterl greements whih re more fvourle for the enefiiry. Artile 19 Annexes I, II nd III shll onstitute n integrl prt of this Convention. Artile 20 The ompetent uthorities of the Contrting Prties shll endevour to resolve y negotition ny dispute relting to the interprettion or pplition of this Convention. If ny suh dispute hs not een resolved y negotition within period of three months, the dispute shll e sumitted to ritrtion y n ritrl ody whose omposition nd proedure shll e greed upon y the Contrting Prties onerned or, in defult of suh greement within further period of three months, y n ritrtor hosen t the request of ny of the Contrting Prties onerned y the President of the Interntionl Court of Justie. Should the ltter e ntionl of one of the Prties to the dispute, this tsk shll e entrusted to the Vie-President of the Court or to the next judge in order of seniority not ntionl of one of the Prties to the dispute. The deision of the ritrl ody or ritrtor, s the se my e, shll e mde in ordne with the priniples nd spirit of this Convention nd shll e finl nd inding. Artile 21 This Convention shll e open to the signture of the memers of the Counil of Europe. It shll e rtified. Instruments of rtifition shll e deposited with the Seretry Generl of the Counil of Europe. This Convention shll ome into fore on the first dy of the month following the dte of deposit of the seond instrument of rtifition. As regrds ny signtory rtifying susequently, the Convention shll ome into fore on the first dy of the month following the dte of the deposit of its instrument of rtifition. Artile 22 The Committee of Ministers of the Counil of Europe my invite ny Stte not memer of the Counil to ede to this Convention. Aession shll e effeted y the deposit of n instrument of ession with the Seretry Generl of the Counil of Europe, whih shll tke effet on the first dy of the month following the dte of deposit.

7 7 ETS 14 Soil nd Medil Assistne, 11.XII.1953 d Any instrument of ession deposited in ordne with this rtile shll e ompnied y notifition of suh informtion s would e ontined in the Annexes I nd III to this Convention if the government of the Stte onerned were, on the dte of ession, signtory hereto. For the purposes of this Convention ny informtion notified in ordne with prgrph of this rtile shll e deemed to e prt of the nnex in whih it would hve een reorded if the government of the Stte onerned were signtory hereto. Artile 23 The Seretry Generl of the Counil of Europe shll notify the memers of the Counil: of the dte of entry into fore of this Convention nd the nmes of ny memers who rtify it; of the deposit of ny instrument of ession in ordne with Artile 22 nd of suh notifitions s re reeived with it; of ny notifition reeived in ordne with Artile 24 nd its effetive dte. Artile 24 This Convention shll remin in fore for period of two yers from the dte of its entry into fore in ordne with prgrph of Artile 21. Therefter it shll remin in fore from yer to yer for suh Contrting Prties s hve not denouned it y notifition to tht effet ddressed to the Seretry Generl of the Counil of Europe t lest six months efore the expiry either of the preliminry two-yer period or of ny susequent yerly period. Suh notifition shll tke effet t the end of the period to whih it reltes. In witness whereof the undersigned, eing duly uthorised thereto, hve signed the present Convention. Done t Pris, this 11th dy of Deemer 1953, in English nd Frenh, oth texts eing eqully uthorittive, in single opy, whih shll remin deposited in the rhives of the Counil of Europe. The Seretry Generl shll trnsmit ertified opies to eh of the signtories.

8 PROTOCOL TO THE EUROPEAN CONVENTION ON SOCIAL AND MEDICAL ASSISTANCE

9 9 ETS 14 Soil nd Medil Assistne, 11.XII.1953 The governments signtory hereto, eing memers of the Counil of Europe, Hving regrd to the provisions of the Europen Convention on Soil nd Medil Assistne, signed t Pris, on the 11th dy of Deemer 1953 (hereinfter referred to s the Assistne Convention ); Hving regrd to the provisions of the Convention relting to the Sttus of Refugees signed t Genev on 28th July 1951 (hereinfter referred to s the Genev Convention ); Being desirous of extending the provisions of the Assistne Convention so s to pply to refugees s defined in the Genev Convention, Hve greed s follows: Artile 1 For the purposes of this Protool the term refugee shll hve the mening sried to it in Artile 1 of the Genev Convention, provided tht eh Contrting Prty shll mke delrtion t the time of signture or rtifition hereof or ession hereto, speifying whih of the menings set out in prgrph B of Artile 1 of tht Convention it pplies for the purpose of its oligtions under this Protool, unless suh Prty hs lredy mde suh delrtion t the time of its signture or rtifition of tht Convention. Artile 2 The provisions of Setion I of the Assistne Convention shll pply to refugees under the sme onditions s they pply to the ntionls of the Contrting Prties thereto. Artile 3 1 The provisions of Setion II of the Assistne Convention shll not pply to refugees. 2 In the se of person who hs esed to qulify for the enefits of the Genev Convention in ordne with the provisions of prgrph C of Artile 1 thereof, the period for reptrition lid down in Artile 7..i of the Assistne Convention shll egin from the dte when he hs thus esed to qulify. Artile 4 As etween the Contrting Prties, the provisions of Artiles 1, 2 nd 3 of this Protool shll e regrded s dditionl rtiles to the Assistne Convention, nd the remining provisions of tht Convention shll pply ordingly. Artile 5 1 This Protool shll e open to the signture of the memers of the Counil of Europe who hve signed the Assistne Convention. It shll e rtified.

10 10 ETS 14 Soil nd Medil Assistne, 11.XII Any Stte whih hs eded to the Assistne Convention my ede to this Protool. 3 This Protool shll ome into fore on the first dy of the month following the dte of deposit of the seond instrument of rtifition. 4 As regrds ny signtory rtifying susequently, or ny eding Stte, the Protool shll ome into fore on the first dy of the month following the dte of the deposit of its instrument of rtifition or ession. 5 Instruments of rtifition nd ession shll e deposited with the Seretry Generl of the Counil of Europe, who shll notify the memers of the Counil nd eding Sttes of the nmes of those who hve rtified or eded. In witness whereof the undersigned, eing duly uthorised thereto, hve signed this Protool. Done t Pris, this 11th dy of Deemer 1953, in English nd Frenh, oth texts eing eqully uthorittive, in single opy, whih shll remin deposited in the rhives of the Counil of Europe. The Seretry Generl shll trnsmit ertified opies to eh of the signtories.