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Access to Health CarePlease, prepare the following role play session in advance
Case 1.
Moot Court session (role play) The right to health care under the European Court of
Human Rights
The European Court of Human Rights sitting in private on 29 May 2018, Having regard to
Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 6 April 2008 against Finland
THE FACTS
The applicant, a citizen of Uganda born in 1963, is detained facing deportation from Finland.
He is represented by Mr Matti Wuori, a lawyer in Helsinki. The facts of the case, as
submitted by the parties, may be summarised as follows.
The deportation proceedings
The applicant arrived in Finland in 1991, having married a Finnish citizen, Z. In 1993 and 1995
the applicant's requests for a further residence permit were refused, given his criminal
behaviour. He had been convicted on five counts of attempted manslaughter
(ανθρωποκτονία εξ αμελείας) for having raped several women and having had other sexual
contacts, knowing that he had contracted an HIV infection. He had been sentenced to over
eleven years' imprisonment.
The applicant has been treated against his HIV infection since 1992. In 1995 the applicant
and Z divorced. They have no children together.
On 23 December 1997 the Ministry of the Interior ordered the applicant's deportation to
Uganda and prohibited him from returning to Finland until further notice. The Ministry
noted that the applicant no longer held a valid visa or residence permit in Finland; that he
had no bonds to the country; and that he had repeatedly infringed Finnish law, thereby
demonstrating that he was a danger to the safety of others. Moreover, his return to Uganda
would not subject him to inhuman treatment within the meaning of Article 3 of the
Convention or to persecution within the meaning of the 1991 Aliens Act (ulkomaalaislaki,
utlänningslag 378/1991). Nor would he be sent on to an area where he could face such
treatment or persecution.
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