ICHR position towards the Law by Decree on Medical and Health Protection and Safety No. 31 of 2018
Ramallah – The Independent Commission for Human Rights (ICHR) welcomed the promulgation of the Law by Decree on Medical and Health Protection and Safety No. 31 of 2018, published in Issue 147 of the Palestinian Official Gazette on 23 September 2018.
The ICHR has regularly expressed reservations about the approval of laws by decrees, which do not satisfy the prerequisite of necessity and urgency, by the executive branch of government. However, the ICHR is of the view that this Law by Decree was enacted to address a real community need. Over the past years, incidents of medical malpractice and negligence have been on the rise. Hence, a basis should be provided for an effective and efficient system of medical accountability.
In spite of its reservations, the ICHR believes that the enactment of the Law by Decree is an important step towards promoting accountability for medical malpractice and protecting patients against life threatening risks.
The ICHR called on relevant government bodies to put the Law by Decree into effect. Needed bylaws should be developed and enacted to enforce the Law by Decree. In accordance with the provisions of the Law by Decree, government bodies need to establish a register for medical errors, initiate a process to provide insurance against medial malpractice, establish the Permanent Commission of Inquiry into Medical Malpractice Cases, and launch the Compensation Fund for Medical Accident Victims.
The ICHR expressed appreciation of the consultative approach to developing the Law by Decree. Public consultations involved many stakeholders, including the ICHR, Palestinian Medical Association, various professional medical associations, Palestine Medical Council, Health Policy Institute, and universities. It was necessary, however, to engage medical stakeholders in the Gaza Strip in the consultation process. The ICHR is of the view that the Law by Decree includes many provisions, which the Commission had already demanded in respective reports. These include the duty of the Ministry of Health (MoH) to establish a national register for medical errors in collaboration with all health associations. The MoH and health associations also have the duty to spread health culture and raise public awareness of medical malpractice. It is also imperative to inform patients or their legal representatives of the medical procedures conducted on the patients and of anticipated complications. The MoH is also required to approve medical protocols for all specialisations in line with internationally accepted standards and principles. Health service providers should provide insurance against medical malpractice. A Compensation Fund for Medical Accident Victims will also be established.
On the other hand, the ICHR expressed reservations about provisions, which would restrict and complicate the accountability exercise. These provisions were added in the final stages of the law making process. For example, Article 14 of the Law by Decree provides that the medical commission may only be formed following a recommendation from the Minister of Health. While the Minister is entitled to appoint the chair, the Medical Association appoints the deputy chair of the commission. The commission chair or deputy chair are vested with the power to call for meetings. Votes in favour of the commission decisions should include those of the commission chair of deputy chair.
