On 26 June 2026, the European Committee of Social Rights (ECSR) published its decision on the case Amnesty International and Médecins du Monde – International v. Sweden (Complaint No. 227/2023).
The complaint concerned access to healthcare for vulnerable EU nationals in Sweden who, due to the lack of health insurance in their country of origin, were excluded from subsidised healthcare and, in some cases, unable to access necessary treatment because of the costs involved. The complainant alleged that this situation resulted in a denial of access to healthcare and discriminatory treatment, in breach of Articles 11 and 13 of the European Social Charter, read alone and in conjunction with Article E.
The Committee recalled that Article 11§1 requires access to healthcare to be effective, affordable and without discrimination, with particular protection for vulnerable groups. It noted that vulnerable EU nationals without healthcare insurance were excluded from subsidised healthcare in Sweden, which in practice prevented access to necessary treatment, including emergency and serious care. While the Government did not dispute these findings, it argued that extending subsidised healthcare to persons exercising free movement rights who lacked healthcare coverage in their country of origin would have significant policy consequences for Sweden. The Committee nevertheless found that excluding persons unable to obtain alternative coverage undermined the effective enjoyment of the right to health and failed to protect a particularly vulnerable group, in violation of Article 11§1 of the Charter.
It found that the rules governing access to healthcare were applied inconsistently across Swedish regions, resulting in unequal treatment of vulnerable EU nationals, who were also treated less favourably than undocumented persons without sufficient justification. The Committee considered that the Government’s arguments based on public health and policy considerations did not justify this difference in treatment and that, in any event, the effects of the measures were disproportionate, as they prevented access to necessary healthcare. It also noted that, although all vulnerable EU nationals appear not to have access to healthcare, the situation had a disproportionate impact on Roma, constituting indirect discrimination on grounds of ethnic origin, in violation of Article E in conjunction with Article 11§1.
With regard to Article 13§1, the Committee recalled that it guarantees a subjective right to social and medical assistance for persons without adequate resources, including urgent care and basic needs. It considered that the issues raised under this provision overlapped with those already examined under Article 11§1 and Article E and therefore found that no separate examination was necessary.
The Committee concluded that there was a violation of Article 11§1 of the Charter, a violation of Article E taken in conjunction with Article 11§1 with respect to the difference in treatment between regions and in comparison with undocumented persons, and a violation of Article E taken in conjunction with Article 11§1 with respect to indirect discrimination on grounds of ethnic origin.