Legal protection of health care workers
Recently the facts of attacks on doctors have become more frequent. There is only one case in Talgar hospital, where on September 19, 2023, the sons of a deceased patient beat up an intensive care doctor. Having analyzed judicial practice, we can conclude that not only patients seek to protect their rights related to the failure to provide medical care to patients, but also medical workers themselves often apply to court to defend their honor, dignity and business reputation.
In the eyes of citizens, the profession of a doctor is no longer prestigious and respected. There are different reasons for such aggressive behavior of ordinary citizens towards doctors: a) intoxication b) medical incidents c) inability of the system to provide citizens with quality medical care. The problem of preventing aggressive behavior on the part of patients against medical workers requires special attention.
The legislative approaches developed in different foreign countries are important in protecting the interests of medical workers from the facts of assaults and violence against them. In 2015, Article 550 was added to the section on crimes against public order of the Spanish Penal Code, which states that medical workers are classified as public servants and for committing crimes against them - for assaulting them in the performance of their professional duties may be punished by imprisonment for up to four years.
In India, the Government has enacted a special ordinance on "Stopping Violence against Health Professionals". According to this ordinance, police investigations into alleged crimes against health workers must be completed within thirty days and judicial criminal proceedings must be completed within one year. In addition to imprisonment for six months to seven years, the ordinance provides for fines ranging from Rs. 50,000. In 2012. Israel passed a law on "Increasing Penalties for Assault on Health Care Workers" and criminalized up to five years in prison.
In February 2019, the United States passed Act 1309, "Workplace Violence Prevention for Health and Human Services Employees". This law enshrines the obligation of employers to carry out investigations into acts of violence committed by unlawful acts against health care workers, as well as to organize self-defense courses for them. Some states have established special centers where emergency medical personnel can take training courses. American medical workers are also given panic buttons in case they are attacked.
Deputies in Kyrgyzstan propose to supplement the Criminal Code in 2024 with an article "Threat or use of violence against a medical, pharmaceutical and pedagogical employee" and to provide for the following types of punishment:
For threatening to use violence not dangerous to life and health against a medical, pharmaceutical and pedagogical employee in connection with the performance of their professional duties, if there are sufficient grounds to fear the realization of this threat - corrective labor from two months to one year, or a fine from 200 (20 thousand soms) to 500 (50 thousand soms) estimated indices, or imprisonment up to two years;
For the use of violence dangerous to life and health, a fine of 500 (50,000 soms) to 1,000 (100,000 soms) estimated rates or deprivation of liberty for two to five years.
The application of strict legislative measures will contribute to the protection of the rights of medical workers from illegal encroachments by patients and their relatives.
Bakhyt MAULENOVA,
Associate Professor, Department of Health Policy and Organization, FMOH
