#LifeInCzechia As the Ministry of health care of the Czech Republic published a new Methodological instruction on the presence of legal representatives and persons close to children during the provision of health services recently, we sum up perhaps the most important points out of this document.
Read the new Methodological instruction on the presence of legal representatives of kids
Minors, i.e. children under the age of 18, are a particularly vulnerable group of patients when providing health services. Immediately after birth, they depend completely on their caregivers (especially parents) and loved ones.
The very separation of the child from the parents is a major stressor. A child’s closest family significantly influences meeting his/her psychological and social needs, according to his/her age.
A fundamental role in the provision of health services to the child is represented by the communication of health workers with the legal representative and with the child themself.
Where possible, it is desirable to offer the legal representative or a close person involvement in the care of the child. The accompanying person can help the child in particular with self-care activities in accordance with the instructions of the treating healthcare workers. The degree of involvement must always be decided individually with regard to the specific case
However much the presence of legal representatives or persons close to the child should be supported during the provision of health services, it is also necessary to respect their decision not to be present with the child continuously and to enable them to have the widest possible contact with the child even in this situation.
Based on The International Covenant on Civil and Political Rights the family is the natural and basic unit of society and has the right to the protection of society and the state. The Convention for the Protection of Human Rights and Fundamental Freedoms states that everyone has the right to respect their private and family life.
The Convention on the Rights of the Child states that the interest of the child must be the primary consideration in any activity concerning children (Article 3, paragraph 1). No child should be subjected to arbitrary interference with his private life or family.
The Act on Health Services then in § 28 paragraph 3 letter e) points 1 and 3 enshrines the child’s right to the continuous presence of a legal representative and the presence of another close person or a person designated by the patient during the provision of health services.
The child has the right to the continuous presence of a legal representative during the provision of health services; providers of one-day or inpatient care also have, on the basis of § 47 paragraph 1 letter b) of the Act on Health Services, the obligation to enable the stay of the legal representative together with the hospitalized child, if this is permitted by the equipment of the medical facility and at the same time the provision of health services will not be disrupted, or such stay is not excluded on the basis of another legal regulation.
The right to the continuous presence of a legal representative must be interpreted in accordance with the Charter and the constitutional order, incl. international treaties on human rights, while it should be noted that this right applies to both legal representatives.
At the same time, the health service provider cannot fundamentally give preference to any of the legal representatives or close relatives on the basis of gender.
This right must be distinguished from the right to receive visits in inpatient or one-day care medical facilities according to § 28 paragraph 3 letter i) of the Act on Health Services
The right to the continuous presence of a legal representative must be interpreted in accordance with the Charter and the constitutional order, incl. international treaties on human rights, while it should be noted that this right applies to both legal representatives.
A child with adequate free will and intellectual maturity can also show the will that a specificlegal representative or a person close to him, on the other hand, is not present with him, either completely or, for example, for a certain period of time.
If none of the legal representatives (or close persons) shows an interest in accompanying the child during the provision of health services for a longer period of time, the provider should consider the procedure according to § 10, paragraph 4 of the Act on Social-Legal Protection of Children, i.e. they should inform about this fact without informing the social-legal protection authority of children.
The provider always informs the patient and his legal representative, or a person close to them ora person designated by the patient, about the right to accompany the child during the provision of health services and the form in which he is able to ensure this right.
The legal representative is allowed continuous presence with the child.
The exception is the infectious disease department, where the presence of a child’s companion can be conditioned, limited or possibly excluded to the extent necessary.
The necessary pre-operative preparation should usually be carried out in areas where the presence of the child’s companion is allowed. In contrast, the child’s escort does not usually enter the operating theater itself. It is advisable that exceptions are defined in the internal regulations allowing the presence of a companion, at least in the case of introduction to anesthesia for children with mental or severe sensory disabilities, children with special needs, such as highly anxious children, children with ASD or Down’s syndrome
To add, there are also several points regarding resuscitation of the child, for example, it is advisable for the resuscitation team to actively offer the presence of the parents during resuscitation or otherwise make them aware that their presence during resuscitation is possible.
As this is a very important matter, we hope that you found the most important points here. You can check further information here.
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Picture: Canva
Article: mzcr.cz
