Date of the decision: 26 June 2026 (decision on the merits)
Jurisdiction: Collective Complaints Procedure – European Committee of Social Rights
Country: Sweden
Legal basis:
- Article 11§1 (Right to protection of health) of the European Social Charter
- Article E (Non-discrimination) taken in conjunction with Article 11§1 of the European Social Charter
Subject:
Access to healthcare; vulnerable EU migrants; discrimination; indirect discrimination on grounds of ethnic origin; territorial disparities in social rights protection.
Summary:
In its decision on the merits of 26 June 2026, the European Committee of Social Rights found that Sweden is in violation of Article 11§1 of the European Social Charter due to the denial of effective access to healthcare for vulnerable EU migrants. The Committee also found a violation of Article E taken in conjunction with Article 11§1, on account of discriminatory treatment arising both from differences between regions and from unequal treatment compared to undocumented migrants.
The complaint was lodged by Amnesty International and Médecins du Monde – International, who argued that vulnerable EU migrants in Sweden were frequently denied necessary healthcare or charged the full cost of medical services. These practices, according to the complainants, discouraged individuals from seeking care and disproportionately affected Roma migrants.
The Committee emphasised that access to healthcare is a prerequisite for the preservation of human dignity and concluded that Sweden’s practices placed the persons concerned in an unacceptable situation when compared with nationals and lawfully resident foreigners. It further held that the lack of clear national rules and the existence of divergent regional practices contributed to indirect discrimination on the ground of ethnic origin.
The Committee concluded that Sweden must ensure effective and non-discriminatory access to healthcare for all vulnerable EU migrants, irrespective of residence status or ethnic origin.
