Health system bill would restrict the right to information

(PFC/IFEX) – On 17 October 2002, the Executive introduced to the Legislative Assembly a bill entitled “Preventative Health Council Law” (“Ley del Consejo de Salud Previsional”), as part of a package of reforms to the preventative health care system. Among the proposed changes are some that violate the right to information. Article 20 of the […]

(PFC/IFEX) – On 17 October 2002, the Executive introduced to the Legislative Assembly a bill entitled “Preventative Health Council Law” (“Ley del Consejo de Salud Previsional”), as part of a package of reforms to the preventative health care system. Among the proposed changes are some that violate the right to information.

Article 20 of the bill states that “those attending sessions of the Board of Directors who divulge any confidential information about the issues discussed, or who use that information for personal ends or in a way that harms the state, the Council or a third party, will be responsible for any damages and harm that ensue, in addition to facing any criminal responsibility that may be applicable”. In addition, Article 23 stipulates that “all employees, delegates, administrators or individuals providing a service to the Council are prohibited from revealing details of any report they issue or any confidential information they become aware of through their work. Those who contravene this rule will be dismissed, without their employer bearing any responsibility for the dismissal, and may still have to face criminal proceedings if applicable.”

For four weeks, doctors and workers at the Salvadoran Social Insurance Institute (Instituto Salvadoreño del Seguro Social, ISSS) and at other state-run health establishments have been on strike protesting the privatisation of health services. The government has maintained that it will not privatise hospitals. Nevertheless, it has refused to allow room for negotiations with the strikers in order to end the impasse. Instead, without prior consultation, President Francisco Flores announced reforms to the preventative health system that include the creation of an administrator for workers’ dues (the Preventative Health Council) and opening the door to private health care providers. It is expected that the Legislative Assembly, which the ruling party controls, will quickly approve the proposed changes.

According to PFC, the restrictions on access to information are aimed at ensuring that the new health system can be administered without the knowledge and vigilance of the media and the public. PFC noted that the ISSS has been one of the most corrupt institutions in the country, having been plagued by the purchase of low quality medicines and services at inflated prices, excessive privileges for its executives and lack of controls to ensure that adequate attention is given to users of the system. The government has never expressed interest in combatting these practices, which have resulted in the crisis currently affecting the public health system.

Further information on the case can be found at:
http://probidad.org/regional/legislacion/2002/082.html

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Appeals To

With copies to:

Member of Parliament Walter Araujo
Legislative Assembly Vice-president and member of the Alianza Republicana Nacionalista (ARENA) caucus
E-mail: waraujo@asamblea.gob.sv

Member of Parliament Shafick Jorge Handal
Head of the Frente Farabundo Martí (FMLN) caucus
E-mail: shandal@asamblea.gob.sv

Member of Parliament René Aguiluz
Head of the Partido Democrata Cristiano (PDC) caucus
E-mail: raguiluz@asamblea.gob.sv

Member of Parliament José Marinero
Movimiento Renovador Party
E-mail: jmarinero@asamblea.gob.sv

Member of Parliament Jorge Villacorta
Head of the Centro Democrático Unido (CDU) caucus
E-mail: jvillacorta@asamblea.gob.sv

Member of Parliament Tomás Mejía
Head of the Partido Accion Nacional (PAN) caucus
E-mail: jmejia@asamblea.gob.sv

Please copy appeals to the source if possible.