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Resolution 4: Health Care in Danger: Continuing to protect the delivery of health care together

Report on resolution 4:

– Date: 22.07.2019

– Country: Slovenia

– Type of entity:  State

What legislative, regulatory and practical measures have you adopted and implemented domestically to ensure the protection of the wounded and sick, health-care personnel, facilities and medical transport, as well as their identification (including through the distinctive emblems)? What about the measures to ensure the violations of international law related to the protection of health-care delivery are effectively sanctioned? Which ministry, government agency, legislative or regulatory organ has been responsible for implementing these measures?
A review of the national legislation and procedures relevant to the protection of emblems and medical care in armed conflict, including sanctions for violations of IHL, has been carried out by the Slovenian National IHL Committee together with the German National IHL Committee and an ICRC legal adviser during the consultations on the legal scope for IHL implementation, which were held in Ljubljana in November 2018. The relevant Slovenian legislation was presented by representatives of the Ministry of Health and the Slovenian Red Cross. The Slovenian and German national IHL committees compared their respective national legislations, exchanged experience and best practice examples. Each year, a training course is organised under the auspices of the Ministry of Health on medical response to major incidents, during which health personnel acquires basic theoretical knowledge on rescue operations in major incidents with a systematic and practical experience in two simulation exercises. Individual health institutions (e.g. EMS) and the Ministry of Health regularly participate in the protection and rescue drills, which are foreseen every year by the Government of the Republic of Slovenia. The Ministry of Health also participates in the NATO Crisis Management Exercise. The Slovenian Armed Forces adopted several NATO STANAG and implemented relevant military standards (SVS) which define obligatory training in the field of protection of the wounded, the Geneva Conventions, the marking of medical capacities and means, such as: SVS 2931 Orders to camouflage the red cross and the red crescent in tactical field operations, SVS 2449 Training on the law of armed conflict, SVS 2249 Education and training of health personnel for engagement in international missions, SVS 2060 Marking medical equipment of medical units in the field. The Slovenian Armed Forces also organise training for army nurses during which they learn about the afore mentioned NATO Standardisation Agreements and the Geneva Conventions. The Slovenian RC supports the internationally guided efforts for respect of the emblem ensuring the safety of RC/RC staff and volunteers in dangerous, life threatening situations by participating at various events and by informing the internal and external public in Slovenia on the importance of the emblems and the harsh consequences its ignorance might have in dangerous situations. The Slovenian Red Cross takes active part in relevant international initiatives and events, focusing on the Movement logo. The Slovenian Red Cross implements annually activities with a view to providing additional measures for protecting the RC emblem, and participates in the global campaign entitled THE EMBLEMS AS SYMBOLS OF HOPE. Following the Rules on first aid courses and exams (adopted in 2013 by the Governing Board of the Slovenian Red Cross), the first aid courses and exams for volunteers are carried out by the Slovenian Red Cross (courses foresee 70 hours of class time). After successfully passing the exam, the volunteers obtain the title ‘first aid assistant’ and become part of first aid teams which provide healthcare to the wounded and sick in natural accidents and armed conflict.

Which actions have you undertaken to enhance the understanding by health care personnel of their rights and responsibilities resulting from applicable law and to ensure that they can safely fulfil their medical duties in line with their professional codes of ethics?
The Faculty of Medicine, University of Ljubljana, and the Faculty of Medicine, University of Maribor, and other educational institutions, such as the Faculty of Health Sciences, University of Ljubljana, all endeavour to provide detailed information to health staff about their rights and responsibilities as stipulated by law, which is why these topics are part of their curriculum. During one of their classes (Introduction to medicine – module Deontology), the students at the Faculty of Medicine, University of Ljubljana, learn about the Code of medical deontology of Slovenia, Health Service Act (Official Gazette, No. 23/05 – official consolidated text, 15/08 – ZPacP, 23/08, 58/08 – ZZdrS-E, 77/08 – ZDZdr, 40/12 – ZUJF, 14/13 and 88/16 – ZdZPZD), Health Care and Health Insurance Act (Official Gazette, No. 72/06 – official consolidated text, 114/06 – ZUTPG, 91/07, 76/08, 62/10 – ZUPJS, 87/11, 40/12 – ZUJF, 21/13 – ZUTD-A, 91/13, 99/13 – ZUPJS-C, 99/13 – ZSVarPre-C, 111/13 – ZMEPIZ-1, 95/14 – ZUJF-C and 47/15 – ZZSDT) and the Medical Practitioners Act (Official Gazette, No. 72/06 – official consolidated text, 15/08 – ZPacP, 58/08, 107/10 – ZPPKZ, 40/12 – ZUJF, 88/16 – ZdZPZD and 40/17). The training includes the following topics: basic concepts and rules of the Geneva Conventions of 1949, Additional protocols to the Geneva Conventions of 1977, crimes against humanity (Criminal Code, Official Gazette, Nos. 50/12, 6/16, 54/15, 38/16 and 27/17) and the role of the ICRC. In the framework of secondary and tertiary education, nurses learn about the Code of ethics for medical nurses and nurse assistants of Slovenia (Official Gazette, No. 4/02). An amended Code was adopted on 17 February 2005 by the Nurses and midwives association of Slovenia. Principle III of the Code is of utmost importance stipulating that the nurse must hold in confidence personal information about the patient’s health condition and the reasons, circumstances and consequences of such condition. Every person working in health care and nursing must at all times also abide by the Code of ethics for all working in health care and nursing, adopted by the Professional Nurses and Midwives Association of Slovenia, as amended on 9 March 2017 (Official Gazette, Nos. 52/14, 18/15 and 13/17). The code foresees four basic guiding principles of ethical behaviour for all those working in health care and nursing, namely promotion of health, prevention of illnesses, restoration of health and alleviation of suffering.

How have you been cooperating across various Ministries of Government, and with other relevant stakeholders, including the Red Cross Red Crescent Societies, health-care professional associations and civil society, in your country to increase the safety of provision of and access to health care?
The Ministry of Health continuously cooperated with other government departments through regular meetings, and also with non-governmental organisations which are regularly included in these efforts (both humanitarian organisations from Slovenia and abroad). Such cooperation is foreseen particularly during emergencies, such as the migrant crisis.

How do you ensure that the protection of the wounded and sick and healthcare services is integrated into training, doctrine and operational orders and procedures for your armed and security forces whether at the national level or in the context of international operations they are contributing to? 
Training and continuous professional development courses for members of the Slovenian Armed Forces are carried out virtually through on-line courses: all the topics are explained in detail and supported by practical examples. At the end of the on-line course, the participants take a test. In training and CPD for members of the Slovenian Armed Forces, the emphasis is on the knowledge of basic concepts and sources of international law of armed conflict (law of treaties: the Haag Conventions, the Geneva Conventions, modern international law on armed conflict) and internal acts related to international law of armed conflict. The course is based on professional literature, e.g. the ICRC study on customary international humanitarian law (Henckaerts, J. M., Doswald-Beck, L., Customary international humanitarian law, 2005, Volume 1: Rules, Volume II. Practice, Cambridge University Press, 2005). The Slovenian Armed Forces adopted several NATO Standardisation Agreements and implemented relevant military standards (SVS) which define obligatory training in the field of protection of the wounded, the Geneva Conventions, the marking of medical capacities and means, which are defined in greater detail under the section Practical measures (training).