Legal Report
“Quality and prices of medicines available in the health insurance from a human rights perspective”
Introduction:
The heavenly laws, customs, local and international laws guarantee the right of enjoying health care for every human being as a fundamental human right. It is the second most important right after the right to live.
Any depriving of this right would result in violating the people’s right to live or they may be subject to disability, chronic or serious disease. There is no doubt that this right has been subject to many violations in the Gaza Strip because of the siege and the division, which have resulted catastrophic consequences.
The Gaza Strip witnesses a medical crisis that appeared in previous years and have been intensified since the beginning of April 2017. The medical supplement stopped reaching the strip because of these crises.
Legal Frame of the Health Care:
Various legal entities emphasize on the right of every citizen in health care. Internationally, The Universal Declaration of Human Rights proclaims the right of everyone to a standard of living adequate for the health and well-being of himself/herself and of his/her family, including nutrition, clothing, housing and medical care.
The WHO Constitution affirms that enjoying the highest standard of health is one of the fundamental rights of every human being. The right being healthy includes access to affordable health care. It also stated that the States must create the conditions in which everyone has access to health care.
The Palestinian Basic Law affirms that the law should regulate social and health insurance and disability pensions.
Results and recommendations
Results:
* Gaza strip goes through one of the most dangerous periods since imposing the blockade. In addition to the blockade, necessary medical supplement does not reach the strip from Ramallah because of the division.
* There is about 40% declining in health services, due to the shortage of medicines and medical supplement. Meanwhile there is increase in this shortage in the near future due to the continues borders closure
* This large deficit in medicines causes decreasing in the services that provided by the health insurance which leads to loss in health security. All of that will be disastrous and catastrophic in the time of conflict or disaster
* In light of the suspension of remittances for treatment abroad, patients are not able to receive the necessary treatment in the strip. No one can receive a full treatment program. The patients are forced to complete treatment at their expenses with high prices despite the fact that they have health insurances.
* Health Ministry informed the patients that it does not have the necessary treatment for them and they must buy it from privet pharmacy if it was available there.
* The most dangerous is that local medicine manufactories do not produce the medicines that do not enter the strip which are related to chronic and fatal diseases such as cancer and other diseases that usually end in the death of the patient in case of delayed treatment
Recommendations
*Urgent actions must be taken to redress the humanitarian disaster before it occurs by taking serious steps in activating reconciliation and ending the division, including turning the recent reconciliation agreements into concrete reality that positively affects the life of the Palestinian people
* Putting policies that support the local medical industry to enhance its development to fulfill the shortage.
* The Health Ministry must insure that all the patients have the necessary treatments, which must be covered by the insurance.
* Developing the health insurance plan to include the largest possible percentage of the Palestinian people
