4
13.
That the Commission, in its observations, made no comments on this operative
paragraph.
14.
That the Court notes that, despite the State informed that it had taken actions to
implement the Interactive Manual on Human Rights (Manual Interactivo de Derechos Humanos)
with emphasis placed on justice and bioethics operators, it had failed to submit accurate
information on the measures taken to divulge the rights of the patients in compliance with
Operative Paragraph No. 6. Considering the representatives´ statements, the Court deems it
necessary that the State furnish an updated and detailed report on the specific actions taken to
fully comply with Operative Paragraph No. 6 of the Judgment (supra Having Seen clause number
1.)
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15.
That in relation to Operative Paragraph No. 7 containing the obligation of the State to
implement within a reasonable term an education and training program for justice operators and
health care professional about the laws enacted by Ecuador in relation to patients´ rights and the
punishment for violating them, the State informed that the implementation of an interinstitutional agreement with the Ministry of Justice (Ministerio de Justicia) was under way with
the purpose to comply with this paragraph as soon as practicable. Moreover, the State affirmed
that on March 17, 2009, Mrs. Carmen Cornejo, Mr. Bismarck Albán, Mr. Alejandro Ponce,
Attorney-at-law, Mr. Oswaldo Santos and Mrs. Ibeth Orellana held a meeting and agreed that
"[t]he Under-secretariat of Human Rights and [the] Coordination of Public Defense w[ould]
summon the law schools of the following universities to a regulatory reform process:
U[niversidad] Central, […] San Francisco de Quito, […] Católica del Ecuador, […] del Azuay, […]
Espíritu Santo, […]Santiago de Guayaquil, […] de las Américas and further participants they
might deem necessary." The process would be focused on the following rules: the Code of Ethics
for Medical Doctors, the Criminal Code, the inclusion of the crime of medical malpractice, and a
bill of law on medical malpractice.
16.
That the representatives, in their observations, highlighted that the State had not yet
issued the Rules of Application of Law No. 77 - Law on the Rights and Protections of the Patient
(Ley de Derechos y Amparo del Paciente)- published in the Official Registry Supplement No. 626
on February 3, 1995. In this regard, they pointed out that no legal rule providing for the crime of
medical malpractice, and for the civil, criminal and administrative sanctions associated therewith,
had been enacted.
17.
That the Commission, in its observations, made no comments on this operative
paragraph.
18.
That the Court appreciates the decision made by the State to enter into an institutional
agreement with the Ministry of Justice to implement an education and training program for
justice operators and health care professionals about the laws enacted by Ecuador in relation to
patients´ rights and the punishment for violating them. Nonetheless, the Court considers it
necessary that the State furnish an updated and detailed report on the specific actions taken to
fully comply with this operative paragraph of the Judgment (supra Having Seen clause number
1.)
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