Kosovar raises indictment at German Constitutional Court, demands right to treatment

Anyone living without permission in Germany may need to pray to avoid getting sick. Because it is not easy for individuals to go to a visiting clinic without a regular stay in Germany. In case of illness, they are obliged to file a request for health care at the Social Office. But because the Social Office legally needs to inform people without letters to the police or the Foreign Office, affected persons are threatened by deportation. This practice makes many without letters to avoid seeking medical help in case of need. The obligation to announce to the Foreign Office of the illegal person from all authorities was imposed in 1990 in Germany. In 2011 an exception has been made to schools and gardens. Only in case of emergency or on weekends can doctors and clinics send accounts to the Social Office without prior notification.

The obligation to notify cardless persons must be proclaimed “unconstitutional”

The Association for Freedom Rights, the GFF, along with the organisation “World Ministers ʹrzte der Welt in Germany, requires that this popular practice throughout Europe end. Therefore, on Thursday (15.09) they have submitted the indictment with the request for accelerated treatment at the German Constitutional Court. The goal is to achieve implementation of the right to health care even for paper-free people in the country. Everyone, regardless of their background and status, has a right to health care. The state's obligation to make the announcement is actually denying medical treatment to people who are acutely ill, like our plaintiff”, has been expressed by Sarah Lincoln, lawyer and co-ordinator for GFF trials.

For Deutsche Welle Lincoln stresses that “The GFF supports the plaintiff to fight for his right to health care. For us, it is clear that everyone in Germany has a right to basic health care, despite residence permits. This is part of ensuring human dignity, and that's for everyone unconditionally.” Lincoln points out that the time has come for a basic orientation decision to declare as unconstitutional the obligation to announce.

Why did the history of citizens from Kosovo come in 1993 go so far?

The beginning of the indictment filed by the two organisations has been the story of a Kosovo citizen living illegally in Germany (who will not be named), currently seriously ill with heart. Kosovar came to Germany in 1993 for the first time, where he worked for a time in the builder. After a divorce marriage, he would have been right to even take German citizenship, but it seems that a bureaucratic mistake has caused great trouble to the citizen of Kosovo. He missed the opportunity to extend residence permits at the right time, and he also did not inform the Office of Foreigners of an address change, according to the German newspaper “taz” that pays attention to Kosovo's history with the article “Frika from visiting the doctor”.

The story of his ordeal began. Suddenly Kosovo was without permission, and as a result in 2017, he was expelled from Germany. He returns to Germany later and applies for asylum, which was refused. He's been living and working illegally in the country.

That was not the end of the trial. Last year he had a heart attack and had to undergo emergency surgery. It seems that a second bypa operation is needed, and he himself has no savings to pay for such expensive surgery. For this medical treatment, he needs green light from Frankfurt's Social Office on Main, where Kosovo citizen is registered. But this office must by law make an announcement to the Foreign Office, which would cause his deportation.

Why was the indictment filed in the Constitutional Court?

Fear of the announcement made by the Foreigners' Office could have cost Kosovo life. Without this obligation to announce, I would have gone to the doctor earlier to clarify my chest pains, he says. I file a lawsuit so that I can be treated medically further and that in the future no one can be excluded from medical treatment”, according to dpa.

For Deutsche Welle, Sarah Lincoln explains why they decided to file charges until the Constitutional Court. We, together with the plaintiff, have taken the case for accelerated treatment in administrative courts, but have failed. The courts have not taken on any of his sensitive health situations and the right to health care. Now we have a path to the Federal Constitutional Court.” Two countries' Hessen courts had earlier rejected Kosovo's request to speedy treatment of the indictment, with the reasoning of lack of address. But because courts immediately announce the Foreigners' Office, he has had no other chance but to silence him for his address.

For Janina Gach, reference to representation of interests in the organisation “rzte der welt” this is not the only case. We see every week people with no status to stay in our medical centers. They are neighbors, customers, service workers, but they cannot go to a regular clinic. According to Gach “Germania has the obligation of international law to enable all people an approach without discrimination in healthcare.” And this should not be denied because of the political migration.

Is there a chance of indictment at the Constitutional Court?

With the indictment filed by Kosovo citizen stands up against paragraph 87 of the law for staying in Germany. The obligation to announce to the Office of Foreigners violates the basic right to “imimimic”, according to organisations supporting the indictment. For the Association for Freedom Rights, the GFF indictment has chances of success. Since 2012 The Constitutional Court has ruled that the “human integrity cannot be related by migration policy”.

A political solution is also possible. The ruling coalition agreement in Germany says that “duet the announcement of people without letters we want to review so that the sick do not hesitate to go into treatment.” But so far there is no bill submitted by the Ministry of Internal Affairs. / DW/