The Ministry of Health of Ukraine stated that the COVID certificate is NOT a MEDICAL SECRET, as it does not contain any diagnosis or doctor’s request. Therefore, when the police or employees of public institutions in the “red zone” ask you to show it, they do not break the law.
As you all know, the concept of “medical secret” or “medical secret” is absent in the legislation of Ukraine. The definition of medical secrecy covers absolutely all aspects of the patient’s health. But for some reason, in most cases, any explanation comes down to the fact that doctors, except in exceptional cases, do not have the right to disclose medical secrets, because it is a criminal act.
And if you look from the other side ..
Convention on Human Rights and Biomedicine (Convention on Human Rights and Biomedicine. DIR / JUR (96), 14, Strasbourg 1996) recognizes information on the state of human health as part of the right to respect for private life (Article 10) and is also protected by European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 8).
Is privacy information confidential?
Confidential is information about an individual, as well as information to which access is restricted by a natural or legal person, except for subjects of power. CONFIDENTIAL INFORMATION MAY BE DISTRIBUTED AT THE REQUEST (CONSENT) OF THE RESPONSIBLE PERSON IN THE PROCEDURE DETERMINED BY HER, IN ACCORDANCE WITH THE ARTICLE ACCORDING TO 2, PROVIDED FOR THESE REPRESENTATIONS.Confidential information about an individual includes, in particular, data on his nationality, education, marital status, religious beliefs, HEALTH STATUS, as well as address, date and place of birth (part 2 of Article 11 of the Law of Ukraine “On Information”).
That is, each of us chooses whether he wants to disclose information about, for example, health status or not!
OPTIONAL!
Health – a state of complete physical, mental and social well-being, not just the absence of diseases and physical disabilities (paragraph 2 of part 1 of Article 3 of the Law of Ukraine “Fundamentals of the legislation of Ukraine on health care”).
According to Article 286 of the Civil Code of Ukraine, “medical secrecy” can be understood as:
secrecy about the state of health of the person;
the fact of seeking medical help;
diagnosis;
other information obtained during the medical examination of the person.
There is no document that states that INFORMATION ABOUT VACCINATION DOES NOT BELONG TO INFORMATION ABOUT HEALTH, OR CONFIDENTIAL INFORMATION.
In addition, it is not clear why the Ministry of Health decided to interpret the Law of Ukraine
Enjoy!
If you have additional questions, please contact
lawyers of Jurisvest Law Firm will help in the decision.
tel. 096 016 11 12
