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German doctors protest over “bugging” law
THE LANCET
POLICY AND PEOPLE
German doctors protest over “bugging” law he German parliament is to pass a new law, designed to strengthen the fight against “organised criminality”, that will allow police to put microphones and monitor conversation in any private or public space if the presence of criminals is suspected. Medical practices and hospitals will be affected by this regulation. Such monitoring will only be allowed in special cases by judges, if they suspect that an offender might have contacts with a clearly identified practice or hospital. But the potential for police to hide microphones in doctors’ practice areas threatens medical ethics and will destroy confidence and trust of patients in their doctors. Doctors note that all discussions between patients and doctors are secret and that such confidentiality is guaranteed by law, and they are urging parliament to exempt medical practices from the regulation. Because medical concern is growing, some members of parliament are now supporting the medical profession’s request, and new parliament ary talks should take place in the next
T
few weeks. Doctors are also supported by priests and lawyers, who face similar confidentiality problems over police monitoring—these groups are also requesting exemptions. Denis Durand de Bousingen
Another protest brings changes After protests from east German doctors, the government is planning several measures to alleviate the dire financial situation of health insurance in the former German Democratic Republic. Health-care budgets are 30% lower in the east than in the west, yet costs have been rising much faster. Last summer’s drastic plan to cut health spending will still leave the east with a DM500 million (US$280 million) deficit. East German doctors who had to borrow large amounts of money to build modern practices after reunification are hard hit. They are warning that any reduction in services will take the east back to the poor pre-reunification state of health care.
Ireland tests first case under EU refugee law he Irish Minister for Justice is still considering a “humanitarian request” from a Russian asylum seeker and her 10-year-old daughter to delay their deportations until after the Christmas season. In a landmark decision, the Supreme Court ruled that they should make their asylum application in the UK—the first EU country they had entered after fleeing their home in Moldavia 2 years ago. According to the official letter sent to Olga Anisimova, she was told to leave Ireland voluntarily for the UK by Dec 10—ironically, United Nations’ Human Rights Day—or face forcible deportation at any time it is deemed “conducive to the public good to do so”. Since September, when the Dublin Convention on asylum seekers took effect, those seeking asylum in EU countries must apply “in the first safe haven” reached—in other words, the first EU country they enter (see Lancet Sept 6, p 722). Ireland, which has a huge backlog of asylum applications going back for several years, sought a Supreme Court decision on the Anisimova case to see whether the same “safe haven” standard would apply to asylum seek-
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ers who arrived before the treaty took effect. The ruling could affect all asylum seekers who entered Ireland through another EU country and could theoretically also affect those refugees who have already been given the right to apply for asylum in Ireland. However, the Supreme Court decision also said that the rules of natural justice and constitutional justice must apply. Legal experts believe this implies that decisions about refugees must be reached on a case-by-case basis. The government has also announced new fast-track procedures for dealing with applications, in an attempt to clear the administrative backlog which has forced asylum seekers to live in limbo for years. The new guidelines contain no mention of decisions made on humanitarian grounds—a traditional factor used in decision-making up to now. Humanrights groups such as Amnesty International and Lawyers for Refugee Rights have protested against the latest developments, calling them “draconian”.
Canadian judge allows marijuana as therapy
A
Toronto man is flying high after a judge ruled that it was unconstitutional for police to deprive him of the right to cultivate, possess, and smoke marijuana to alleviate the symptoms of epilepsy. “I’m sort of overawed by the decision. It hasn’t sunk in yet”, said an elated Terry Parker on Dec 10. Ontario provincial-court judge Patrick Sheppard ruled that sections of the Controlled Drug and Substance Act were unconstitutional because they deprive Parker of his “right to life, liberty and security of the person” under the Canadian Charter of Rights and Freedoms. “Health is fundamental to the life and security of each person”, wrote Sheppard. “It does not accord with fundamental justice to criminalize a person suffering a serious chronic medical disability for possessing a vitally helpful substance not legally available to him.” Evidence indicated that Parker had no major epileptic seizures while taking marijuana in addition to conventional drugs. Without marijuana, he had three to five grand mal and 15–80 petit mal seizures weekly. Sheppard said Parker had to grow the marijuana because it would cost Can$5000 a year to buy, leaving him little money from his disability pension. However, Parker was sentenced to 12 months probation for trafficking, because he admitted to giving marijuana to friends with epilepsy. The federal Justice minister, who has been under increasing pressure to decriminalise the medicinal use of marijuana, said Sheppard’s ruling will be taken under advisement.
Wayne Kondro
Karen Birchard
Vol 350 • December 20/27, 1997
POLICY AND PEOPLE
German doctors protest over “bugging” law he German parliament is to pass a new law, designed to strengthen the fight against “organised criminality”, that will allow police to put microphones and monitor conversation in any private or public space if the presence of criminals is suspected. Medical practices and hospitals will be affected by this regulation. Such monitoring will only be allowed in special cases by judges, if they suspect that an offender might have contacts with a clearly identified practice or hospital. But the potential for police to hide microphones in doctors’ practice areas threatens medical ethics and will destroy confidence and trust of patients in their doctors. Doctors note that all discussions between patients and doctors are secret and that such confidentiality is guaranteed by law, and they are urging parliament to exempt medical practices from the regulation. Because medical concern is growing, some members of parliament are now supporting the medical profession’s request, and new parliament ary talks should take place in the next
T
few weeks. Doctors are also supported by priests and lawyers, who face similar confidentiality problems over police monitoring—these groups are also requesting exemptions. Denis Durand de Bousingen
Another protest brings changes After protests from east German doctors, the government is planning several measures to alleviate the dire financial situation of health insurance in the former German Democratic Republic. Health-care budgets are 30% lower in the east than in the west, yet costs have been rising much faster. Last summer’s drastic plan to cut health spending will still leave the east with a DM500 million (US$280 million) deficit. East German doctors who had to borrow large amounts of money to build modern practices after reunification are hard hit. They are warning that any reduction in services will take the east back to the poor pre-reunification state of health care.
Ireland tests first case under EU refugee law he Irish Minister for Justice is still considering a “humanitarian request” from a Russian asylum seeker and her 10-year-old daughter to delay their deportations until after the Christmas season. In a landmark decision, the Supreme Court ruled that they should make their asylum application in the UK—the first EU country they had entered after fleeing their home in Moldavia 2 years ago. According to the official letter sent to Olga Anisimova, she was told to leave Ireland voluntarily for the UK by Dec 10—ironically, United Nations’ Human Rights Day—or face forcible deportation at any time it is deemed “conducive to the public good to do so”. Since September, when the Dublin Convention on asylum seekers took effect, those seeking asylum in EU countries must apply “in the first safe haven” reached—in other words, the first EU country they enter (see Lancet Sept 6, p 722). Ireland, which has a huge backlog of asylum applications going back for several years, sought a Supreme Court decision on the Anisimova case to see whether the same “safe haven” standard would apply to asylum seek-
T
1832
ers who arrived before the treaty took effect. The ruling could affect all asylum seekers who entered Ireland through another EU country and could theoretically also affect those refugees who have already been given the right to apply for asylum in Ireland. However, the Supreme Court decision also said that the rules of natural justice and constitutional justice must apply. Legal experts believe this implies that decisions about refugees must be reached on a case-by-case basis. The government has also announced new fast-track procedures for dealing with applications, in an attempt to clear the administrative backlog which has forced asylum seekers to live in limbo for years. The new guidelines contain no mention of decisions made on humanitarian grounds—a traditional factor used in decision-making up to now. Humanrights groups such as Amnesty International and Lawyers for Refugee Rights have protested against the latest developments, calling them “draconian”.
Canadian judge allows marijuana as therapy
A
Toronto man is flying high after a judge ruled that it was unconstitutional for police to deprive him of the right to cultivate, possess, and smoke marijuana to alleviate the symptoms of epilepsy. “I’m sort of overawed by the decision. It hasn’t sunk in yet”, said an elated Terry Parker on Dec 10. Ontario provincial-court judge Patrick Sheppard ruled that sections of the Controlled Drug and Substance Act were unconstitutional because they deprive Parker of his “right to life, liberty and security of the person” under the Canadian Charter of Rights and Freedoms. “Health is fundamental to the life and security of each person”, wrote Sheppard. “It does not accord with fundamental justice to criminalize a person suffering a serious chronic medical disability for possessing a vitally helpful substance not legally available to him.” Evidence indicated that Parker had no major epileptic seizures while taking marijuana in addition to conventional drugs. Without marijuana, he had three to five grand mal and 15–80 petit mal seizures weekly. Sheppard said Parker had to grow the marijuana because it would cost Can$5000 a year to buy, leaving him little money from his disability pension. However, Parker was sentenced to 12 months probation for trafficking, because he admitted to giving marijuana to friends with epilepsy. The federal Justice minister, who has been under increasing pressure to decriminalise the medicinal use of marijuana, said Sheppard’s ruling will be taken under advisement.
Wayne Kondro
Karen Birchard
Vol 350 • December 20/27, 1997