All-Ukrainian Council for Patients Rights and Safety is an official partner of the Council of Europe due to the COEAction Plan for Ukraine 2010-2014

EUROPEAN MECHANISMS TO ADVANCE PATIENTS RIGHTS IN UKRAINE

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Patients’ rights in the context of human rightsInternational law

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International agreements• Article 2 of the European Convention on Human Rights1

– Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally.

• Article 3 of the European Convention on Human Rights– No one shall be subjected to inhuman or degrading treatment.

1 http://zakon2.rada.gov.ua/laws/show/995_004

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• Article 11 of the European Social Charter2

– Ukraine undertakes, either directly or in co-operation with public or private organisations, to take appropriate measures designed inter alia::• to remove as far as possible the causes of ill-health;• to provide advisory and educational facilities for the promotion of health and the

encouragement of individual responsibility in matters of health;• to prevent as far as possible epidemic, endemic and other diseases.

• Article 13§1 of the European Social Charter– Ukraine undertakes to ensure that any person who is without adequate

resources and who is unable to secure such resources either by his own efforts or from other sources, in particular by benefits under a social security scheme, be granted adequate assistance, and, in case of sickness, the care necessitated by his condition;

2 http://zakon2.rada.gov.ua/laws/show/994_062

International agreements

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• European Court of Human Rights3

– The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by Ukraine of the rights set forth in the Convention or the protocols thereto..

– The Court may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognised rules of international law, and within a period of six months from the date on which the final decision was taken.

• European Committee of Social Rights and Committee of Ministers of Council of Europe4

– The mission of the European Committee of Social Rights is to judge that States party are in conformity in law and in practice with the provisions of the European Social Charter.

– the Committee of Ministers adopts a resolution closing each supervision cycle and issues recommendations, requesting States to bring national practice into conformity with the European Social Charter.

3 Section ІI of the European Convention of Human Rights4 http://www.coe.int/t/dghl/monitoring/socialcharter/CMReporting/CMIndex_en.asp

Compulsion to execution

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• Parliamentary Assembly of Council of Europe5

– The texts adopted by PACE serve as guidelines for the Committee of Ministers, national governments, parliaments and political parties

– PACE adopts recommendations, resolutions and opinions– Statements created by individual MPs or committees, which were supported by

at least 20 parliamentarians from four national delegations and two political forces are recorded as written declarations of PACE.

• Association Agreement between the EU and Ukraine6

– According to the Article 2 of the Agreement, respect for human rights as defined in the European convention on Human Rights constitutes essential element of the Agreement

5 http://www.assembly.coe.int/Communication/Brochure/Bro03-e.pdf6 http://comeuroint.rada.gov.ua/komevroint/doccatalog/document?id=56219

Political influence

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Our experienceThe examples for hundreds of millions

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• The project determines a direction of health care development from the patient safety point of view7

• The status of the project and our organisation, as a developer of national policy, was determined by international agreement8

• Wide involvement of national and international experts9

7 http://www.coe.kiev.ua/uk/DPAInf(2011)17E%20Action%20Plan%20Ukraine.pdf8 http://hub.coe.int/c/document_library/get_file?uuid=24875c00-6299-4c4f-9bd5-ad47a56d5f1e&groupId=10227 9 http://www.medrada.org/?q=safety_congress

Patient Safety Action Plan

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• The world’s first comment on national report on implementation of the article 11 of the European Social Charter10

• High quality of evidence on example of 3 therapeutic areas:– Vaccination– Haemophilia– Hepatitis C

10 http://www.coe.int/t/dghl/monitoring/socialcharter/Reporting/StateReports/CommentsAllUkrainianCouncil2013_en.pdf

Comment on RAP/Rcha/UKR/5(2013)

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• The first European document, which calls to budget reallocation to ensure the human rights in Ukrainiane health care11

• The declaration was signed by ‘stars’ of European political establishment:– Jim Dobbin12

– Alexander Scrymgeour (The Earl of DUNDEE) 13

– John Prescott14

– Viola von Cramon-Taubadel15

• and also by representatives of16:– 11 national delegations– All European political groups– 10 committees (from 11) and 12 sub-committees (from 20)

11 http://assembly.coe.int/ASP/Doc/XrefViewPDF.asp?FileID=19932&Language=EN12 http://en.wikipedia.org/wiki/Jim_Dobbin13 http://en.wikipedia.org/wiki/Alexander_Scrymgeour,_12th_Earl_of_Dundee14 http://en.wikipedia.org/wiki/John_Prescott15 http://de.wikipedia.org/wiki/Viola_von_Cramon-Taubadel16 http://assembly.coe.int/ASP/Doc/XrefDocDetails_E.asp?FileID=19932

Written declaration №544

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What’s next?Quo vadis?

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• Advocate and advance human rights in Ukrainian health care

• Organize and lead specialized think tanks

• Unite the most active and competent specialists to work out an experience of direct implementation of European law in Ukraine

• Create a network knowledgebase

Formation of expert network

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• Discuss the implementation of international obligations of Ukraine in real life

• Involve international organisations to advance human rights

• Participate in governmental expert groups

• Monitor the implementation of international obligations in Ukrainian health care

• Work out documental base on the implementation of European norms in Ukraine

• Crate court cases and case laws (if necessary)

Dialogue with authorities

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• Raise an awareness of patients organisations on direct implementation of European norms in Ukraine

• Support strategic cases

• Inform patients through the media

• Create a manual on patients’ rights

Patients assistance

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What do we want to achieve?What are we struggling for?

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• Hepatitis C– Access to treatment for 22 thousand of Ukrainian citizens

• Haemophilia– Preventive care for all children– Home treatment– The minimum of 2 UI per capita for FVIII is used

• Transplantation– Successful realization of the EDQM’s BSA Project

Priority targets

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• The European Health Literacy Project– Expert workshop on implementations of HLS/EU in Ukraine– Inform partners regarding opportunities of using European awareness raising

tools on health issues

• Vaccination– Lead advisory board regarding UNICEF programs to ensure an access to

vaccination– Lead advisory board on introduction of innovative vaccines (including GAVI

programs)

Secondary targets

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We invite representatives of non-governmental funds and business for collaboration!

All-Ukrainian Council for Patients’ Rights and Safety40-g Frunze St., 3rd entrance, 2nd floor, Kyiv Ukraine 04080