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.
This lack of transparency can be illustrated by these facts:
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 ?
28. June 2007: Will the ECHR promote publication of sideline jobs of members of federal parliament? (see form)
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.
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.
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.
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.
PS: You are free to link this site. I do not accept any liability for the correctness of the information given by me.
since 12. March 2003
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