A Russian man being handled with medicinal hashish can't be faraway from the Netherlands regardless of a rejected asylum request as a result of the drug will not be accessible in his house nation, the EU's Courtroom of Justice dominated on Tuesday.
The person developed a uncommon type of blood most cancers on the age of 16 and is presently receiving medical remedy within the Netherlands that features medicinal hashish to assist relieve his ache.
He had made plenty of requests for asylum within the Netherlands however his final one was rejected in 2020.
"He takes the view that he ought to be issued with a residence allow or, on the very least, his removing ought to be postponed" since he would "not be capable to lead a good life if that remedy was discontinued," the EU's high courtroom mentioned in a press release.
The courtroom dominated that EU regulation prevents nations from returning non-EU residents who're staying illegally within the bloc if they're "affected by a critical sickness" and if returning the individual to their nation would trigger "a fast, important and everlasting enhance" in ache.
The courtroom mentioned two situations should be met: that the ache remedy can't be administered within the receiving nation (on this case Russia) and that the absence of the remedy would result in "ache of such depth that it will be opposite to human dignity."
In keeping with the request for a preliminary ruling issued in February 2021, the Russian man had mentioned the medicinal hashish remedy might relieve the ache by about 70%.
He mentioned that with out hashish he would "not be capable to sleep or eat due to the ache" which might make him grow to be "depressed and suicidal".
"The failure to supply ache aid would due to this fact lead to a short-term medical emergency," the request for a ruling continued.
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