Sick people should not be deported to a country that does not have the only pain-relieving treatment. The reason for this groundbreaking ruling by the European Court of Justice in Luxembourg was the lawsuit brought by a 16-year-old Russian who had contracted a rare form of blood cancer.
The boy is currently being treated in the Netherlands, including medicinal cannabis for pain. Pain therapy with cannabis is not allowed in Russia. The man made several asylum applications in the Netherlands, all of which were rejected. He believes that he should be granted a residence permit or at least residence or deportation, as he cannot live a decent life without cannabis treatment.
Now the judges in Luxembourg agreed with him. However, there are strict requirements. Even if someone is staying illegally in the EU, he or she should not be expelled to a country where there is no adequate care and where there is a risk that this will significantly and irreversibly increase his or her pain. However, the condition is that the only pain-relieving treatment in the country really does not exist.
The pain level must be high
It should also be clear that without the treatment, the person would be in so much pain that stopping the treatment would violate human dignity. This is the case, for example, if this would cause serious and irreversible psychological disorders or could lead to committing suicide.
Source: Krone
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