How the new asylum law in Slovakia will change the refugee support system and health services
On July 1, 2024, within the framework of the Lex Ukrajina 4 law in Slovakia, a new version of Law No. 480/2002 on asylum, developed by the Ministry of the Interior of Slovakia, came into effect. The changes in the processes of granting asylum and temporary shelter are aimed at improving living conditions and medical care for refugees and asylum seekers. The new legal provision shifts from mass assistance for Ukrainian refugees to a more targeted system, improving the processes of providing protection to third-country nationals on Slovak territory.
Changes to the law on asylum (azyl)
Major changes:
Targeted Assistance:
Law No. 480/2002 now provides for targeted housing benefits for refugees. This is aimed at ensuring the sustainability of the support system and the rational use of public funds.
The Ministry of the Interior will directly pay housing benefits, which will eliminate the optional nature of payments and ensure their mandatory execution when legal conditions are met.
System Sustainability:
The conditions for providing asylum in specialized centers have been updated, taking into account their limited capacity.
The reasons have been defined for which one-time and integration payments may not be granted to individuals who have previously been provided with protection or temporary shelter.
With the amendments to the tourism law, housing allowances for refugees provided by the Ministry of Transport will no longer be available. The allowance will now be granted only in accordance with the asylum law and the government decree approved on June 26, 2024.
Conditions for Granting the Allowance:
The allowance for free accommodation will be paid only for the first 120 days from the moment temporary shelter is granted.
After this period, the allowance will be paid only to vulnerable groups, such as:
Household members receiving social assistance.
People with serious illnesses receiving humanitarian aid.
Persons over 65 years old.
Parents or guardians of children under 5 years old.
Obligations of Refugees:
Refugees must report to the municipality twice a month regarding their accommodation provisions, instead of once a month as was previously required.
Accommodation of refugees in migration management centers
Refugees can reside in migration management centers for no more than 120 days from the moment they receive temporary shelter in Slovakia.
After this period, accommodation will be available only for vulnerable categories:
Persons over 65 years old.
Single parents caring for children under 5 years old, or persons appointed by the court.
Children under 5 years old who are under the care of one of the parents or a person appointed by the court.
Additional changes in legislation
Procedure Simplification: - The process of granting temporary shelter is simplified if it begins with the birth of a child to a refugee or a foreign woman seeking asylum in Slovakia. - A child born to such women, if they obtain citizenship of another EU state, will not automatically be considered an asylum applicant.
Repeat Asylum Applications: - The definition of "substantial change in factual circumstances" for repeat applications is clarified.
Termination of Application Consideration: - The grounds for terminating the consideration of asylum applications in accordance with the law are expanded.
Allowances and Obligations: - Refugees or persons with additional protection will not receive one-time or integration benefits if they have had or currently have permanent or temporary residence in Slovakia or if they have been granted temporary shelter. - Additional cases are established when refugees must leave the shelter: termination of temporary shelter, transfer to another shelter, serious violation of rules.
Transitional Provisions: - Refugees residing in shelters as of June 30, 2024, may stay until July 31, 2024, and vulnerable categories may extend their stay by applying until July 15.
These changes are aimed at improving the asylum process and the rational use of resources.
Changes in the health care system
The main objectives of the change are:
Mandatory Provision of Medical Services:
Amendments have been made to Law No. 576/2004 on healthcare, according to which medical institutions cannot refuse to enter into agreements for providing medical care to persons who have received temporary shelter, refugees, persons with additional protection, and those with tolerated residence status included in protection programs.
These changes will ensure access to medical care for the aforementioned categories of persons, even if this increases the workload on medical institutions.
Improving Access to Medical Care:
Medical institutions are required to enter into agreements to provide medical services to refugees and other protected categories, regardless of their participation in the public health insurance system.
This requirement also applies to cases where entering into such agreements may lead to an overload of medical institutions.
Importance of the Changes:
The legislative changes are aimed at creating a more sustainable and targeted system of support for refugees and asylum seekers in Slovakia.
The main goal is to protect life and human dignity while maintaining a balance between the effective use of public resources and providing assistance to those who truly need it. They ensure access to necessary medical services and support, which contributes to the protection of human rights and the effective use of public resources.