34
Over the past five years, health insurance reform has been covered by government
health plans and strategies to positively reflect on the level of public health
delivery. However, applicable since 2004, the health insurance system has not
seen any significant changes towards the end of 2022. No recommendations of
ICHR national investigation on the government health insurance were adopted.
Jointly with a number of CSOs, the ICHR continued an awareness raising and
lobbying campaign for approval of a comprehensive government insurance
system. In the context of the campaign activities, a report was compiled on a
health insurance branch, namely, private or commercial insurance.
The ICHR intervenes in political matters only to the extent necessary to handle
human rights issues. Still, political dimensions associated with the promulgation
of the laws by decree on the creation of a medical association created obstacles
that affected, albeit briefly, citizens’ access to their right to health. After it had
been passed, the first law by decree ended up in obstructing the work of health
personnel. If it had not been for government bodies who responded favourably
to the Medical Association’s demands, it was feared that the public right to health
would be further affected. Before it was put into effect, the law by decree was
amended to meet legal demands of the association.
To fully realise the right to the highest attainable standard of health, the ICHR
recommends that comprehensive governmental health insurance scheme needs
to be developed, ensuring a paradigmatic shift in public access to all aspects of
health. Health insurance will provide comprehensive health coverage, meeting
of health care needs of citizens. It is of utmost necessity that the MoH scale up
accountability procedures. In particular, the MoH will enforce the Law by Decree
on Medical and Health Protection and Safety No. 31 of 2018 as soon as practicable.
To this avail, the Ministry will put in place a medical malpractice record, establish
a permanent committee on medical malpractice, create a compensation fund for
victims of medical accidents, and compile needed medical protocols. Investigations
need to be opened into medical malpractice at hospitals and health care centres,
affecting citizens, particularly women, children, and PWDs. Operating procedures
of the patient referral system will be improved, especially to the benefit of women,
children, PWDs, and older persons. Serious action needs to take to provide
medicines and assistive devices needed by PWDs.
2.2.2 Right to education
The ICHR received 23 complaints, including 24 claims of abuses of the right to
education, including 18 in the West Bank and five in the Gaza Strip.
In the West Bank, claims of impingements on the right to education mainly involved
adaptation and availability of education (MoE); equality in educational opportunity
without discrimination or bias on grounds of political affiliation (MoHESR);
encroachment on academic freedoms and free exercise of student activities
The Status of Human Rights in Palestine