Acciones tomadas:
An ad hoc working group dedicated to the analysis of the domestic normative framework on protection of health care was created in 2018 in the framework of the National IHL Committee and on the initiative of the National Society. Representatives of the National Society (which are chairing the working group) and of the Ministries of Public Health, Defence, Home Affairs and Justice are part of this Group. Other actors may be involved in the future as it is a cross-cutting issue.
This working group has the main mission to analyse the domestic normative framework that governs the organization of health care provision and the protection of medical personnel, means of transport and facilities in situations of emergency, including armed conflicts. The objective consists in identifying legislative provisions which may be strengthened according to the Brussels workshop held from 29-31 January 2014 on the theme « Domestic Normative Frameworks for the Protection of the Provision of Health Care » (organized by the Belgian National IHL Committee, the ICRC and the Belgian Red Cross).
An analysis of the relevant national legislative provisions is undertaken for the main topics in the light of the IHRL and IHL provisions : the organization of the urgent medical assistance and the access to health care ; the protection of wounded and sick ; the identification and the protection of the medical personnel ; the identification, the localization and the protection of the medical facilities ; the use and the protection of the emblems ; the medical ethics and confidentiality ; the criminal, disciplinary and administrative sanctions.
Comments on the existing national normative framework are made for each topic and eventual recommendations are made to suggest potential legislative and/or administrative measures if needed.
The working group has started to analyse the national legal provisions applicable to the identification and the protection of the medical personnel.
The question of the effective respect of the emblems according to the national legislation may be raised within the working group when it analyses the topic on the use and the protection of the emblems.
Challenges
The process of strengthening the legal national framework is challenging because of the many different stakeholders involved.
