The Qualification Directive Sample Clauses

The Qualification Directive. The QD establishes five distinct ‘streams’ of access to healthcare. (1) provides that beneficiaries of international protection have access to health care under the same eligibility conditions as nationals. Thus equal access to the full range of health care services available to nationals is implied. Second, however, an exception is crafted in Article 29(2) in respect of beneficiaries of subsidiary protection, whose right to health care may be limited to ‘core benefits’, which must nevertheless be provided ‘at the same levels and under the same eligibility conditions as nationals’. an Instrument to Address the Psychosocial Needs of Refugee Children’ International Journal of Refugee Law 3, no. 1 (1991): 82-99. 39 § 3.5.2, p. 9. 40 Paragraph 47 provides that in ensuring the access of separated and unaccompanied children to facilities for the treatment of illness and rehabilitation of health, ‘States must assess and address the particular plight and vulnerabilities of such children’ (emphasis added). Committee RC, General Comment No. 6, supra n. 9 41 For example, in its concluding observations to Norway in 2010, the Committee expressed its concern ‘at the cursory identification of children affected by armed conflict’. U.N. Doc. CRC/C/NOR/CO/4. Similarly in its concluding observations to Finland in 2000, the Committee recommended ‘that the State party ensure that every effort is made to identify [asylum seeking and refugee] children who require special support upon their arrival in the State party, as well as consider providing adequate psychological assistance to them and their parents.’ U.N. Doc. CRC/C/15/Add.132. Third, Article 29(3) provides that ‘adequate health care’ under the same eligibility conditions as nationals must be provided to beneficiaries of inter- national protection who have special needs. It provides an illustrative list of persons with special needs which includes ‘minors who have been victims of any form of abuse’, although not minors or unaccompanied minors per se. By contrast, Article 20 which establishes general rules relating the rights of refugees and beneficiaries of subsidiary protection provides in paragraph 3 that Member States shall ‘take into account’ the specific situation of vulnerable persons such as minors and unaccompanied minors when implementing such rights. However, paragraph 4 clarifies that this applies ‘only to persons found to have special needs after an individual evaluation of their situation.’ This formulation r...
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The Qualification Directive. The QD does not establish a general minimum standard of living, the inference being that the rights afforded to beneficiaries of international protection (e.g. access to employment, education, social assistance, health care, accommodation and integration facilities) imply a reasonable standard of living. However, given the restrictions on many of the rights of beneficiaries of subsidiary protection, this cannot be taken for granted. Thus, Member States are permitted to impose restrictions on access to employment, social assistance, health care and integration facilities when it comes to beneficiaries of subsidiary protection. For example, while refugees are entitled to necessary social assistance on the same basis as nationals, Member States may limit the social assistance granted to beneficiaries of subsidiary protection to ‘core benefits’, which must then be provided at the same levels and under the same eligibility conditions as nationals.74 However, some insight into the question of the minimum standard of living for beneficiaries of subsidiary protection can be gleaned from the entitlements of their family members. Article 23 provides for the concept of derived rights for family members of beneficiaries of international protection, subject to the exception that, in respect of family members of beneficiaries of subsidiary protection, Member States ‘may define the conditions applicable to such benefits’. However, ‘[i]n these cases, Member States shall ensure that any benefits provided guarantee an adequate standard of living’. A fortiori, this standard must be met in respect of beneficiaries of subsidiary protection themselves. To the extent that this standard is less than the standard of living afforded to refugees, it can be regarded as discriminatory according to the same logic used to analyze the compliance of the QD with the right to health in § 6.2.2.2 above. As such, it is contrary to the core content of the right of the child to an adequate standard of living.
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The Qualification Directive. The QD provides in Article 27(1) that ‘Member States shall grant full access to the education system to all minors granted refugee or subsidiary protection status, under the same conditions as nationals.’ This conforms to the pro- hibition of discrimination in education. (1). The only provision of the directive that touches on the question of positive measures is Article 33 on access to integration facilities. It provides: 1. In order to facilitate the integration of refugees into society, Member States shall make provisions for integration programmes which they consider to be appropriate or create pre-conditions which guarantee access to such programmes. 2. Where it is considered appropriate by Member States, beneficiaries of subsidiary protection status shall be granted access to integration programmes. The term ‘appropriate’ in both paragraphs signals a level of deference to Member States that is arguably incompatible with the positive obligation to secure substantive equality. Furthermore, the distinction between refugees and beneficiaries of subsidiary protection is itself discriminatory, as has been argued in previous sections.113 113 Unsurprisingly, the Commission evaluation of the QD is rather vague on Article 33, providing that ‘[a]t least 16 Member States do not differentiate between refugees and beneficiaries of subsidiary protection with respect to access to integration facilities. However, the integration programmes provided for are sometimes very limited and may cover only language training or financial loans. In HU, access of beneficiaries of international protection to integration programmes is reported to be granted on a discretionary basis and to be ineffective due to the absence of implementation measures. Legal provisions in BG are vague and do not guarantee sustainability of the programmes. Several Member States (e.g. EE, IE, LV) do not formally provide for integration programmes for beneficiaries of international protection. However, both protection groups are reported to have access to integration facilities in some of them (e.g. IE).’ Supra n. 42, § 5.5.1.4, p. 15. In toto, the QD conforms to the negative prohibition of discrimination in education and hence is strong on the formal aspect of equality but contains little by way of positive measures to facilitate the education of child bene- ficiaries of international protection and hence is weak from the perspective of substantive equality.
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Related to The Qualification Directive

  • Due Qualification Seller is duly qualified to do business as a foreign corporation, is in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification.

  • Tax-Free Qualification (a) Each of Trident, Parent and Merger Subs shall use its respective reasonable best efforts to, and cause each of their respective Subsidiaries to, (i) cause the Mergers, taken together, to be treated as an “exchange” described in Section 351(a) of the Code, (ii) cause the Trident Merger to qualify as a “reorganization” within the meaning of Section 368(a) of the Code and (iii) to obtain the opinion of counsel referred to in Exhibit C (including by taking the actions described in Exhibit C). Each of Trident, Parent and Merger Subs shall use its respective reasonable best efforts not to, and shall use its reasonable best efforts not to permit any of its respective Subsidiaries to, take any action (including any action otherwise permitted by this Section 6.16) that would prevent or impede (A) the Mergers, taken together from being treated as an “exchange” described in Section 351(a) of the Code and (B) the Trident Merger from qualifying as a “reorganization” within the meaning of Section 368(a) of the Code. (b) Sun shall use its reasonable best efforts to, and cause each of its Subsidiaries to, (i) cause the Mergers, taken together, to be treated as an “exchange” described in Section 351(a) of the Code and (ii) to obtain the opinion of counsel referred to in Exhibit C (including by taking the actions described in Exhibit C). Sun shall use its reasonable best efforts not to, and shall use its reasonable best efforts not to permit any of its Subsidiaries to, take any action (including any action otherwise permitted by this Section 6.16) that would prevent or impede the Mergers, taken together, from qualifying as an “exchange” described in Section 351(a) of the Code. (c) Unless otherwise required pursuant to a “determination” within the meaning of Section 1313(a) of the Code, each of the parties shall report the Mergers for U.S. federal income tax purposes collectively as an “exchange” within the meaning of Section 351(a) of the Code. Parent will (and following the Closing will cause the Trident Surviving Corporation and the Sun Surviving Corporation, as applicable, to) file all required information with its Tax Returns and maintain all records required for Tax purposes.

  • Tax Qualification Each Employee Benefit Plan intended to be qualified under Section 401(a) of the Code has been determined to be so qualified by the Internal Revenue Service and nothing has occurred since the date of the last such determination which resulted or is likely to result in the revocation of such determination.

  • Minimum Qualifications If applicable pursuant to Article 3, I acknowledge that the Bidder meets the minimum qualification requirements established for this solicitation.

  • Service Quality The Transfer Agent shall maintain a quality control process designed to provide a consistent level of quality and timeliness for its call center, correspondence services and transaction processing.

  • Regulation D Qualification Neither the Company nor, to its actual knowledge, any of its affiliates, members, officers, directors or beneficial shareholders of 20% or more of its outstanding securities, has experienced a disqualifying event as enumerated pursuant to Rule 506(d) of Regulation D under the Securities Act.

  • STAFF QUALIFICATIONS CONTRACTOR shall ensure that all individuals employed, contracted, and/or otherwise hired by CONTRACTOR to provide classroom and/or individualized instruction or related services hold a license, certificate, permit, or other document equivalent to that which staff in a public school are required to hold in the service rendered consistent with Education Code section 56366.1(n)(1) and are qualified pursuant to Title 34 of the Code of Federal Regulations sections 200.56 and 200.58, and Title 5 of the California Code of Regulations sections 3001(y), 3064 and 3065. Such qualified staff may only provide related services within the scope of their professional license, certification or credential and ethical standards set by each profession, and not assume responsibility or authority for another related services provider or special education teacher’s scope of practice. CONTRACTOR shall ensure that all staff are appropriately credentialed to provide instruction and services to students with the disabling conditions placed in their program/school through documentation provided to the CDE (5 CCR 3064 (a)).

  • Due Qualification and Good Standing The Borrower is in good standing in the State of Delaware. The Borrower is duly qualified to do business and, to the extent applicable, is in good standing in each other jurisdiction in which the nature of its business, assets and properties, including the performance of its obligations under this Agreement, the other Facility Documents to which it is a party and its Constituent Documents, requires such qualification, except where the failure to be so qualified or in good standing could not reasonably be expected to have a Material Adverse Effect.

  • Image Quality You are responsible for the image quality of any Image that you transmit. If an Image that we receive from you or for deposit to your Account is not of sufficient quality to satisfy our image quality standards as we may establish them from time to time, we may reject the Image without prior notice to you. Each Image must include the front and back of the Item and the following information must be clearly readable: amount, payee name, drawer signature, date, check number, account number, routing and transit number, MICR (Magnetic Ink Character Recognition) line, and any endorsement or other information written on the check.

  • Professional Qualifications It shall be a condition of continued professional employment that employees must apply for enrolment in their appropriate professional licensing body by the thirtieth day of continuous service.

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