of Insurance Companies had refrained from reconciling positions in dispute
with the Union of Private Hospitals and Medical Centres. As a result, the
Palestinian Capital Market Authority (PCMA) and ICHR intervened and
mediated the dispute in order to suspend the measures taken by the Union.
To achieve mutually satisfactory solutions, the PCMA and ICHR sponsored a
series of dialogue sessions between the parties. However, 2018 came to an end
without an agreement reached between the Union and Consortium. Only an
agreement between the Insurance Consortium and Medical Association was
signed on 6 December 2018.
Compared to 76 in 2017, the ICHR received 48 complaints on the right to
health in 2018. These included five complaints on the availability of vaccines
and medicines (compared to 11 in 2017); 17 complaints on unavailable
and inadequate health services and demands to provide further medical
services in a particular area (compared to 32 in 2017); 18 complaints on
patient transfers (compared to 21 in 2017); and nine complaints on medical
malpractice (compared to 12 in 2017). The latter involved three complaints on
deaths following medical treatment on account of medical malpractice. These
contrasted with 10 similar complaints filed in 2017.
The ICHR received a number of replies from the MoH, responding to some
complaints on medical malpractice and patient transfers. The majority of
complaints remained unanswered, however. In some of the MoH replies
regarding complaints on medical malpractice, the Ministry indicated that
it established committees of investigation into complaints, implemented
necessary measures, or referred investigation committees’ decision to the
Public Prosecution. No other information was disclosed.
To realise the right to health, the ICHR is of the view that the MoH need to
enhance its annual report by including more comprehensive information.
This should help recognise the extent to which the government is achieving
the targets of Goal 3 (Good Health and Well-Being) of the 2030 Agenda
for Sustainable Development. It will also help achieve other targets of
Sustainable Development Goals (SDGs) relating to the right to health as well
as recommendations set by the World Health Organisation. Additionally, the
MoH needs to provide adequate statistical data, which the ICHR needs to
monitor the status of the right to health every year. Data should be provided
in a timely fashion. To make clear the goals of the Law by Decree on Medical
and Health Protection and Safety, the Ministry needs to work seriously, and
as soon as practicable, towards enacting relevant bylaws, particularly those
in relation to establishing the register of medical malpractice, the permanent
higher health committee, and the compensation fund for victims of medical
accidents. In addition to developing needed medical protocols, the MoH
will create an enabling health work environment to help reduce incidents of
medical negligence. The ICHR is also of the opinion that the MoH and relevant
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The Status of Human Rights in Palestine