Petitions on Patient Rights and Freeedom of information

Petitions on Patient Rights and Freedom of Information

Patient rights are unfortunately not always given "automatically" and "voluntarily". To have a right is not always sufficient to get it. But article 17 of the German Basic Law gives every German the right to complain. Unfortunately the right to get a fair justified answer has been taken away by the constitutions court (1 BvR 1553/90). What are the patient rights in Europe? Freedom of Information gives access to documents of the public administration.

In direct contact with administration the right to good administration (Charter of Fundamental Rights of the European Union) is missing in Germany, i. e.

Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time (Article 41 (1))
The right of every person to be heard (Article 41 (2))
The right of every person to have access to his or her file (Article 41 (2))
The obligation of the administration to give reasons for its decisions (Article 41 (2))
Right of access to documents (Article 42)
Ombudsman (Article 43)

According to CoE RECOMMENDATION No. R (85) 13 an independent Ombudsman for public administration should be empowered "to investigate and give opinions when human rights are involved". Germany is the only country in Europe which "reserved the right to comply with it or not."

This lack of transparency can be illustrated by these facts:

More then 125 states with more then 5.9 billion inhabitants adopted FOI laws or provisions in constitutions. 5 German states with half of the population lack FOI laws.
88 states with approx. 5.5 billion inhabitants give better access to information then the federal Freedom of Information Law in Germany (http://www.rti-rating.org/country-data/).

Transparency is important to fight corruption.

The UN Convention against Corruption is ratified by more then 160 states with more then 6,5 billion inhabitants, but not by Germany.
Germany did not ratify the Criminal Law Convention on Corruption and does not follow Recommendation Rec(2003)4 on common rules against corruption in the funding of political parties and electoral campaigns of the Concil of Europe.
Germany is the only state in Europe which has not ratified both of these to conventions.

Here are the complaints. At last it is suggested to follow the recommendations of the Human Rights Commisioner.

19. May 2006: Summary: Who is responsible that patient rights are insufficient in Germany?
19. May 2006: Summary: Who is responsible for the fact that 8 of 16 federal states lack the Freedom of Information laws ?
17. October 2007: EU petitions: Sugestion to implement the recommendations of the Human Rights Commissioner.
28. June 2007: Will the ECHR promote publication of sideline jobs of members of federal parliament? (see form)
17. June 2007: EU petitions: Support for victims of German welfare office (Jugendamt).
01.Mar. 2007: Fundamental Rights Agency: Access to Information and other Violations of Human Rights in Germany. Answer.
01. Aug. 2006: Will the International Helsinki Federation for Human Rights (IHF) promote human rights in Germany? Answer.
01. June 2006: Will the EU Network of independent experts on fundamental rights promote human rights in Germany? Funding stopped.
01. Jan. 2006: Will the Parliamentary Assembly of Council of Europe promote Freedom of information? Petition transmitted to competent committee.
10. Dec. 2005: Petition EU Parliament: Suggestion to start consultations with German parliaments. Human rights legislation not implemented.
14. Nov. 2005: Human Rights for Citizens and Patients and Securing Freedom of Information in Constitution.
11. Nov. 2005: Complaint to ECHR: Keim v. Germany. Appl. No. 41126/05. The Court will deal with the case as soon as possible.
19. Oct. 2005: Complaint to UN Petition team. No answer.
20. Sep. 2005: 12 petitions: When will the last 12 of 16 states (länder) get Freedom of Information laws? 4 länder adopt laws.
07. Sep. 2005: Petition to add access to public information to constitution.
18. Aug. 2005: Constitutional complaint Freedom of Information.
31. July 2005: When will FOI be realized in federal states?
08. July 2005 the Senate (Bundesrat) approves FOI law.
17. Dec. 2004: Coalition parties present own draft law to parliament.
10. Dec. 2004: Information to OSZE. Result: Answer.
27. Feb. 2004: Information to EU: Access to Public Documents and Fundamental Rights in Germany.
21. Dec. 2003: 9. Petition on Human Rights Violations in Germany: Invitation of the Human Rights Commissioner. Complaint to administrative court to obtain fair answer failed therefore constitutional complaint. Cost of case € 770.- for 15 copies
18. Nov. 2003: Info to Commissioner for Human Rights of the Council of Europe. Result: Answer. Survey.
05. May 2002: Constitutional complaint Freedom of Information with patient rights. (1 BvR 1057/02). Result: Not accepted : The Federal Constitutional Court is useless. Therefore: I complain and complaint to administrative court and constitutional complaint.
13. March 2002: 8. Complaint about the absence of the human right Freedom of Information to the human right committee of the United Nations with patient rights.
27. Dec. 2001: 7. Petition over the human right of Freedom of Information to the European Parliament: Patient rights are human rights. Appendix 7 July 2002 . Admission and conclusion: Improving the protection of the rights and interests of citizens of the Member States of the Union is listed in Article 2 as an objective of the Union. (see page 7/173 doc. A5-0318/2000). .
21. Dec. 2001: Short summary in English of 6. Petition on Freedom of Information in the Federal Republic of Germany with consequences for patient rights. On 16. December 2004 the federal parliament approved this (BT Drucksache 15/4426). The president of the German parliament send the Petition 22. December 2004 to chancellor Schröder. Coalition parties present own draft law to parliament. FOI law approved.
20. Dec. 2001: Short summary in English of 5. Petition on Freedom of Information in Baden-Württemberg with patient participation. Access to documentation: rejected. Result: Failure, therefore constitutional complaint.
19. Nov. 2001: Patient laws in Europe: http://home.broadpark.no/~wkeim/patients.htm.
25.Oct. 2001: 4. Petition to the Bundestag: Improvement of patient rights. Objection against rejection. Addition. Result: Legislative action needed. WHO, European Union ( European Health forum)? Failure therefore constitutional complaint including patients rights and "why are patient rights insufficient? Complaint to administrative court failed.
25. Oct. 2001: 3. Petition to the federal state parliament (additive: Right to access): Lack of patients rights. Answer of the federal state parliament of Baden-Württemberg. Result: Half success. Further action: Access: rejected, Court of the Medical Association, legislative action needed: Answer, WHO.
11. Apr. 1999: 2. Petition : Complaint over two years delay of care request. Answer of the federal state parliament of Baden-Württemberg. Result: Half success.
27. Aug. 1998: 1. Petition : Care quality - short time care money. Answer of the federal state parliament of Baden-Württemberg. Result: Full success.

Supplements:

Freedom of Information Laws in English Speaking and European countries: http://wkeim.bplaced.net/foil.htm
Patient laws in Norway: http://home.broadpark.no/~wkeim/no_laws.htm
Patient laws in Europe: http://home.broadpark.no/~wkeim/patients.htm.
Some laws in Germany: http://wkeim.bplaced.net/files/de_laws.htm
The "General Patient Federation" e.V.: http://www.patienten verband.de/ calls problems by their name and makes suggestions for improvements.
More links for information over and support in case of malpractices: www.aerzte pfusch.de , www.behandlungsfehler arztpfusch.de and www.geburtsschaden.de
Petition of the Federal Association of the emergency communities of medicine-damaged e.V. ( pdf format.)
International Association Against Psychiatric Assault

PS: You are free to link this site. I do not accept any liability for the correctness of the information given by me.

Visitor No. since 12. March 2003

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