Do you have the right to medical aid?
You have the right to medical care during your whole stay at the place of detention. Emergency medical care must always be free.
In Slovenia, basic medical care, including medicine prescribed by a doctor, will be provided free of charge. The right to medical care, however, does not mean that the State has the duty to pay for everything. The state does not have a duty to pay for expensive medical treatment which is not immediately necessary.
Alternatively, you can request a medical examination by a doctor of your choice at your own costs. Read more about the scope of medical help in Article 68 of Police Tasks And Powers Act.
Your state of health will be checked at the time of your placement in the place of detention. A special patient card will be prepared.
What human rights violation may there be?
Inhumane or degrading treatment
A lack of appropriate medical aid may result in human rights violation, such as inhumane or degrading treatment. For example, if you are suffering from stomach pain for a considerable period of time and you are not able to see a doctor, your right may be violated.
However, the situation will not always amount to a human rights violation if you do not receive medical aid instantly. The suffering and mistreatment has to reach at least a minimum level of severity. When assessing whether the lack of medical aid resulted in inhumane or degrading treatment, circumstances such as duration of the suffering, physical and psychological effects, your age, gender and condition of your health are to be taken into account. Read more about how to evaluate whether your right with regard to inhumane and degaring treatment have been violated.
Right to life
If the detainee dies because of the lack of required medical help whilst in detention, it may result in a violation of the right to life. Read more about how to evaluate whether the right to life has been violated.