Insurance scheme by either paying for it themselves or by paying income and other taxes, though they are
entitled to emergency healthcare, unless national legislation provides otherwise.279 If a temporary resident
is employed, he or she and underage children are entitled to full medical care access through the obligatory
healthcare insurance.280 However, subject to several exceptions, they are not entitled to mainstream social
benefits such as child or relief benefits.281 In this respect, additional measures may need to be taken at
legislative level to ensure that the legislative framework be in full compliance with the requirements of
Article 23 of the 1954 Convention.
Persons who are not “lawful residents” within the meaning of Lithuanian law, such as persons with
“unresolved” legal status, have a right to emergency medical care, but nothing else.282 In practice, access to
secondary medical care is somewhat haphazard for members of this group.
A staff member at one Migration Division of a Territorial Police Unit has reported that there are exceptional
cases when persons with “unresolved” legal status are suffering from serious illnesses, such as advanced
forms of cancer, and do not have access to medical treatment until they obtain a residence permit or are
granted citizenship. In one such case, the person died before he or she received medical help.283 In contrast,
one of the stateless persons interviewed for this report, who had not “resolved” his legal status until several
months prior to the interview, reported he had been hospitalized several times and in general did not have
a problem accessing medical care.284
Stateless persons who are detained or accommodated at the FRC have the right to access medical care
beyond emergency care. These services are provided by the general practitioner or other medical staff at
the FRC, but if the case is more complicated, the person is transported to a hospital. The costs associated
with medical attention to detainees and residents are covered by the SBGS.285
Thus, while persons living in Lithuania with “unresolved” legal status are only entitled to emergency medical
coverage, asylum-seekers accommodated at the FRC and detained “unreturnable” persons have more
extensive medical coverage. None of these groups have access to health insurance schemes until they are
issued a residence permit.
Stateless asylum-seekers have a range of other rights while their asylum claim is being determined. These
rights include, among others, the right to be accommodated at the FRC and the Refugee Reception Centre
(RRC) and use the services provided, the right to an interpreter, basic medical and social services, and a
monthly subsistence allowance.286
279
Law on the Health System, Article 49(1).
280
Law on Health Insurance of 21 May 1996 – No I-1343 (new version of the law of 2003, as subsequently amended), Article 6 (1) (2).
281
See, e.g., Article 1 (2) of the Law on Child Benefits.
282
Law on the Healthcare System of the Republic of Lithuania, Article 49(1).
283
Interview with a staff member of a migration agency in a town in the east of the country, 29 August 2012.
284
Participant S.R., interviewed on 10 September 2012.
285
Lithuanian Red Cross, Detention of asylum seekers and alternatives to detention in Lithuania, 2011, p. 39.
286
Law on the Legal Status of Aliens, Article 71.
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