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It Is Recommended That The Regulation As A Matter Of Urgency, Of Law No. 44/2005, Of 29 August – Law Of Associations For The Defence Of Health Users

Original Language Title: Recomenda a regulamentação, com carácter de urgência, da Lei n.º 44/2005, de 29 de Agosto - lei das associações de defesa dos utentes de saúde

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Parliamentary Group

DRAFT RESOLUTION NO. 434 /X

It recommends the regulation, as a matter of urgency, of the

Law No. 44/2005, of August 29-Law of the associations of

defence of health users

The Law No. 44/2005 of August 29, " establishes the rights of participation and of

intervention by the defence associations of health users along the

central, regional and local administration ".

Notwithstanding Article 10 of the said legislation stipulating that it would be

regulated within 120 days of the date of its publication (29 of

August 2005), finishes almost four years, this diploma continues to await the

respective legal framework.

This situation has been widely contested by the associations themselves.

of users waiting for their recognition. The media itself

has successively warned of this incomprehensible situation, as was the case

of the News Daily, October 24, 2008, which, based on the reports

drawn up by parliamentary services on the regulation of legislation

approved, referred to this Law as being the " champion of the delay in the

legal regulations on the part of the Government ".

The non-regulation of Law No. 44/2005 of August 29, has entailed

numerous constraints for the defence associations of health users,

to the detriment of the interest of the users themselves, specifically in what

concerne to the recognition of their role and activity by the Ministry of

Health. In fact, the proofing of the regulation of the Act prevents the associations

of enjoying the rights enshrined in it, making it impossible to match the

objectives that determined its approval.

The Government does not respond to requests for recognition that various associations

formalized under Article 7 of the Law, in the last four years, without

advance any justification for that refusal.

The initiatives of the Left Bloc questioning the Government on this

inexplicable delay did not get any response, remaining

unknown the reasons that lead the government to fail to meet its obligation to

proceed to the regulation of the Act, despite the nearly four years that have passed

about your approval.

The associations of health users have an extreme importance for the

improvement of the organisation and activity of health units. Your contribution will

far beyond simple evaluation and surveillance or health policies

want of the operation and performance of health centres and hospitals. Are they the

best interpreters in the interest of the local population and the best positioned

to understand and interpret your habits, modes of life and needs

assistential. They are a valuable tool of approximation of the management of the units

of health to the realities of the community where to infact.

This situation is not acceptable and is even, on the part of the Government, a

disconsideration of the functions and legislative competences of the Assembly of the

Republic. It is imperative and indefable that the Government should proceed to the regulation of the

Law.

Thus, in the regimental and constitutional terms, the Assembly of the Republic,

meeting in plenary, resolves to recommend to the Government to:

-Regulation, as a matter of urgency, of the Law No. 44/2005, 29 of

August-Law of the defence associations of health users, particularly in the

which concerne to Article 7, concerning the " recognition of the scope and the

representativeness, the requirement of the interested associations ", on the part of the

Ministry of Health.

Palace of Saint Benedict, February 25, 2009.

The Deputies and Deputies of the Left Bloc,