Varuh ДЌlovekovih pravic

The Ombudsman expects solutions in healthcare for the highest good of patients

Medicinski pripomočki

The Ombudsman is receiving an increasing number of letters from people who feel that their rights to healthcare have been violated as a result of the strike, or who are simply expressing their indignation or frustration. They feel insecure, they consider the strike a threat to the health and life of all citizens of Slovenia, and they do not understand how such a strike by only one group in the health system can have positive effects on the whole system. They consider the strike unprofessional and irresponsible. They report the inaccessibility of outpatient clinics, which is a problem that we have been warning about for a long time here at the institution of the Ombudsman, including before the strike.

While these are mostly opinions that the Ombudsman cannot treat as complaints, we are also being contacted by individuals who are in distress because of the strike. For example, we considered a case of obtaining a sick leave certificate during the medical strike. The complainant has been informed that, despite the strike, healthcare institutions and selected doctors are obliged to issue sick leave certificates to patients, and that healthcare providers have also received written instructions from the MZ in this regard. We suggested that she write to the director of the healthcare centre, inform him of her situation, and request a sick leave certificate. The Ombudsman is aware of the practice of “retroactive” issuing of sick leave certificates by the Health Insurance Institute of Slovenia (ZZZS), but he does not agree with it. However, he is not aware of any GPs following the same procedure. The Ombudsman expects that patients now receive their sick leave certificates on time.

The Ombudsman is aware that strikes are a legitimate way to achieve objectives, but they should not be pursued to the detriment of vulnerable groups such as patients. Children and the elderly are particularly vulnerable, but illness also makes people vulnerable at every stage of life. The Ombudsman has long warned about the accumulating issues in the healthcare sector. He is aware that in this case, two rights have collided: the right to healthcare, as defined in Article 51 of the Constitution of the Republic of Slovenia, and the right to strike, as defined in Article 77 of the Constitution. It is also important to note that the Constitution also makes it clear that the right to strike can be restricted if the public interest so requires. The Ombudsman is aware that the accumulated problems in the healthcare system cannot be solved overnight and therefore expects those responsible to find solutions that will have a positive impact on all stakeholders in the healthcare system, but above all must be aimed at the highest good of patients.

 

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