Prishtinë, 8 March 2021 – The Ombudsperson, pursuant to his constitutional and legal mandate, has published the Ex officio Report no. 434/2020, which concerns assessment of health rights accomplishment during the period of COVID-19 pandemic in Kosovo.

Report has to do with the access to health care and treatment, mainly in secondary and tertiary level institutions, focusing in particular on limitations on the provision of health services (visits to specialists and elective surgeries), for persons who were not infected with COVID- 19.

Based on gathered facts and analysis of relevant laws, which define the right to provide health services in Kosovo, it was concluded that violation of human rights and fundamental freedoms occurred during the health emergency in the Republic of Kosovo. Responsible authorities have failed to accomplish constitutional and legal liabilities towards citizens who potentially needed health services. The Report also notes that one among other challenges during the March-September 2020 pandemic period was shortage of oxygen cylinders and setting of additional bed ward for COVID-19 hospitalized patients. Among others, the Report ascertains that actions undertaken by health authorities to discontinue elective surgeries and specialist ambulances had no legal basis, and that they have not provided any alternative as to where these patients could be treated and the state had not assumed responsibilities entrusted to it.

Report emphasizes that protection of human rights and fundamental freedoms is essential and very important for an effective response in prevention and treatment of COVID 19 cases, but without leaving aside any citizen who seeks services in health institutions, with a specific focus on vulnerable groups and other persons who are in a need of ongoing health care.

Report recommends Hospital and University Clinical Service of Kosovo to take all necessary actions and set all preconditions for accomplishment of all specialist visits and elective surgeries, without any obstruction. HUCSK is also recommended to continue with placement of oxygen tanks in general hospitals where necessary and situations of oxygen shortage for patients not to be repeated.

Recommendations are also made to the Government of the Republic of Kosovo with regard of increasing the budget for health and until the law on health insurance is enforced, in situations when health services cannot be provided by the public sector, citizens to be enabled to receive those services from the private sector and expenses to be borne by the government.

Ministry of Health is recommended to put in function the Unique and Integrated Health Information System and also to take all legal measures to force private health institutions to collect, store and report those health data.

Report with recommendations soon available at www.oik-rks.org