The Qualification Directive. The QD establishes five distinct ‘streams’ of access to healthcare.
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.
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.
