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11.
With regard to the sixth operative paragraph in reference to the obligation to, within a
reasonable period of time, fully divulge the rights of the patients, using the adequate media
and taking into consideration the existing legislation in Ecuador and international standards,
the State has informed that the Ministry of Health prepared a pamphlet with the patients’
rights, which is being diffused nationally in different health units.
12.
In his observations the representative stated that he visited several health units in the
city of Quito and he is not aware of the mentioned pamphlet. Additionally, he stated that the
pamphlet is “of a small format, with a font that is difficult to read,” which does not satisfy the
concept of an ample campaign of diffusion. He added that it includes a partial reference to the
“Health Legislation” and it does not mention the Law on the Rights and Protection of the
Patient, enacted in the year 1995 and published on February 2, 1995, in Official Registry No.
626, which is unknown by the citizens and “unknown or voluntarily ignored by those who work
in the health area.” Therefore, an ample diffusion campaign of said law is necessary.
13.
In its observations, the Commission valued the elaboration of the mentioned pamphlet;
“however, it considers it necessary that the State clarify its scope of diffusion and the
characteristics that would make the pamphlet comply with the conditions established by the
Court.” Additionally, it observed that “it would be useful to have the information regarding the
other measures that could complement the elaboration of the pamphlet for the adequate
implementation of the reparation ordered by the Tribunal.”
14.
Based on the aforementioned, the Tribunal considers it necessary that the State present
an updated and detailed report on the specific diligences carried out to achieve compliance
with the sixth operative paragraph of the Judgment, in which it shall state, among others, a)
program and timetable to divulge patients’ rights, and in its case, the diffusion of the pamphlet
made; b) the media in which the diffusion has been made; c) to which people or groups the
diffusion is addressed, and d) the health units to which the pamphlet has been delivered.
Likewise, it asks the State for its point of view regarding the representative’s observations in
reference to the format of the pamphlet and its content, and that it mention how the pamphlet
and its diffusion comply with that ordered by the Court in the mentioned operative paragraph.
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15.
With regard to the seventh operative paragraph in reference to the State’s obligation to,
within a reasonable term, 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, the State informed that the Ministry of Justice and
Human Rights has hired a consultancy that will develop: a) a training module in human rights
of the patients for justice operators and health professionals; b) an informative guide that
includes the national and international legal frameworks on the right to health in general and
the rights of specific patients, addressed to health professionals and training in the use of the
module, and c) a “guide for the team of the Sub-Secretariat of Human Rights and Coordination
of Public Defense of the Ministry of Justice and Human Rights in order to replicate its content in
training sessions.” It added that for its application it is working on an agreement with the
Ministry of Public Health. The project will be addressed to operative personnel in the cities of
Quito, Guayaquil, and Loja, and to the provincial directors through videoconferences.