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European Social Charter

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European Social Charter 1/10/2013 RAP/Cha/HRV/7(2013) EUROPEAN SOCIAL CHARTER 7th National Report on the implementation of the European Social Charter submitted by THE GOVERNMENT OF CROATIA (Articles 11, 13 and 14 and for the period 01/01/2008 – 31/12/2011) __________ Report registered by the Secretariat on 1 October CYCLE 2013 Ministry of Labour and Pension System 7th Report of the Republic of Croatia on the measures taken towards the implementation of the adopted provisions of the European Social Charter for the period between 1st January 2008 and 31st December 2011 (Article 11, 13 and 14) June 2013 2 REPORT ON THE IMPLEMENTATION OF THE EUROPEAN SOCIAL CHARTER The report submitted by the Republic of Croatia based on Article 21 of the European Social Charter, regarding the measures taken for the purpose of implementation of the adopted provisions of the European Social Charter, ,the instruments of ratification or approval of which were submitted on 26th February 2003, includes the period between 1st January 2008 and 31st December 2011 and refers to Articles 1 and 9 of the Charter and Article 1 of the Protocol. All terms used in this report which are of any gender importance, equally cover both male and female gender. Pursuant to Article 23 of the Charter, the copies of this report were submitted to the: Union of Autonomous Trade Unions of Croatia, Independent Trade Unions of Croatia, Croatian Trade Union Association, Association of Croatian Unions, Worker's Trade Union Association of Croatia, Croatian Employers' Association. 3 CONTENTS 1. Legislation of the Republic of Croatia regarding Article 11 of the European Social Charter ______4 2. Article 11 – RIGHT TO HEALTH CARE___________________________________7 2.1. Paragraph 1 – REMOVAL OF CAUSES OF ILL HEALTH_________________7 2.2. Paragraph 2 – CONSULTATIVE AND EDUCATIONAL INSTITUTIONS __ 91 2.3. Paragraph 3 – PREVENTION OF DISEASES _________________________ 107 3. Legislation of the Republic of Croatia regarding Article 13 of the European Social Charter ____________________________________________________________162 4. Article 13. - THE RIGHT TO SOCIAL AND MEDICAL ASSISTANCE________164 4.1. Paragraph 1 - ADEQUATE ASSISTANCE FOR EACH PERSON IN NEED_____________________________________________________________171 4.2. Paragraph 2 - RIGHT TO SOCIAL AND MEDICAL ASSISTANCE_______182 4.3. Paragraph 3 - PREVENTION, REMOVAL OR ALLEVIATION OF WANT __________________________________________________________________180 4.4. Paragraph 4 - SPECIFIC EMERGENCY ASSISTANCE FOR NON- RESIDENTS_______________________________________________________187 5. Article 14 - THE RIGHT TO BENEFIT FROM SOCIAL WELFARE SERVICES __________________________________________________________________184 6.1. Paragraph 1 - PROVISION OR PROMOTION OF SOCIAL WELFARE SERVICES________________________________________________________188 4 1. Legislation of the Republic of Croatia regarding Article 11 of the European Social Charter The right to health care in the Republic of Croatia is regulated by the Constitution of the Republic of Croatia and by other legislative acts and secondary legislation. Article 56 of the Constitution prescribes that everyone is guaranteed the right to health care in accordance with the law. Constitutional provisions related to Article 11 of the European Social Charter that are the subject of this report, have not changed during the reporting period. Since the last report, the following regulations have been adopted and amended: Acts: 1. Compulsory Health Insurance Act (Official Gazette, No. 150/08); 2. Amendments to the Compulsory Health Insurance Act (Official Gazette, No. 94/09, 153/09, 71/10, 139/10 and 49/11); 3. Act on the Amendments to the Voluntary Health Insurance Act (Official Gazette No. 150/08 and 71/10); 4. Health Care Act (Official Gazette , No. 150/08); 5. Amendments to the Health Care Act (Official Gazette , No. 155/09, 71/10, 139/10, 22/11, 84/11, 154/11 and 70/12); 6. Act on Artificial Insemination (Official Gazette, No. 88/09); 7. Act on Amendments to the Act on Artificial Insemination (Official Gazette, No. 137/09, 124/11 and 86/12); 8. Act on the Protection of the Population from Infectious Diseases (Official Gazette, No. 113/08 and 43/09); 9. Amendments to the Act on Medical Practice (Official Gazette , No. 117/08); 10. Amendments to the Medicinal Products Act (Official Gazette , No. 45/09 and 124/11); 11. Medicinal Products Act (Official Gazette, No. 67/08); ; 12. Amendments to the Medicinal Products Act (Official Gazette , No. 124/11); 13. Amendments to the Act on Taking and Transplanting Parts of the Human Body for the Purpose of Medical Treatment (Official Gazette, No. 45/09); 14. Act on Amendments to the Occupational Health and Safety Act (Official Gazette, No. 86/08 and 75/09); 15. Personal Identification Number Act (Official Gazette, No. 60/08); 16. Act on the Restriction of Usage of Tobacco Products (Official Gazette, No. 125/08); 17. Act on Amendments to the Act on the Restriction of Usage of Tobacco Products (Official Gazette , No. 119/09); 18. Act on Amendments to the Act on the Prevention of Narcotic Drug Abuse (Official Gazette, No. 149/09 and 84/11); 19. Act on Amendments to the Act on Official Statistics (Official Gazette, No. 59/12); 20. Personal Data Protection Act (consolidated text) (Official Gazette, No. 106/12) 21. Act on Amendments to the Occupational Health and Safety Insurance Act (Official Gazette, No. 67/08); 22. Act on the Termination of the Occupational Health and Safety Insurance Act (Official Gazette, No. 139/10). Ordinances: 5 1. Ordinance on the conditions and means of exercising rights in the compulsory health insurance scheme (Official Gazette, No. 67/09, 116/09, 04/10, 13/10, 88/10, 131/10, 01/11, 16/11, 87/11 and 137/11); 2. Ordinance on amendments to the Ordinance on the conditions and means of exercising rights in the compulsory health insurance scheme (Official Gazette), No. 45/08); 3. Ordinance on amendments to the Ordinance on the method of registration and deregistration, and the acquisition of the status of an insured person in the compulsory health insurance system (Official Gazette, No. 33/08, 91/09, 04/10, 69/10, 01/11 and 48/11); 4. Ordinance on amendments to the Ordinance on the conditions and means of exercising rights in the compulsory health insurance scheme in connection with hospital treatment by means of medical rehabilitation and physical therapy at the patient's home (Official Gazette, No. 64/08, 91/09 and 118/09); 5. Ordinance on the conditions and method of the realisation of rights to orthopedic and other aids (Official Gazette, No. 17/09, 23/09, 53/09, 116/09, 04/10, 88/10, 110/10, 113/10, 01/11, 16/11 and 87/11); 6. Ordinance on the right to, requirements for and method of using health care in foreign countries (Official Gazette, No. 50/09, 118/09, 04/10, 13/10, 14/10, 01/11, 16/11, 31/11, 93/11 and 145/11); 7. Ordinance on the requirements for and the method of realisation of rights under the compulsory health insurance system to health care at home (Official Gazette , No. 88/10, 01/11, 16/11 and 87/11), 8. Ordinance on criteria for the classification of medications and on the prescription and issuing of prescription medicinal products (Official Gazette, No. 82/10); 9. Ordinance on standards and general rules of the right to health care under the compulsory health insurance system (Official Gazette, No. 79/11); 10. Ordinance on the right to, requirements for and method of using health care under the compulsory health insurance system in case of work-related accidents and occupational diseases (Official Gazette, No. 01/11 and 153/11); 11. Ordinance on the method and procedure of selecting occupational medicine specialists (Official Gazette, No. 48/11); 12. Ordinance on medical transport (Official Gazette, No. 123/09); 13. Ordinance on the method of examining deceased persons and determining the time and cause of death (Official Gazette, No. 46/11); 14. Ordinance on the form of the death certificate (Official Gazette, No. 46/11). 6 15. Ordinance on the implementation of the Act on Records in the Field of Health Care for primary and specialist health care ("Official Gazette , No. 4/95). 16. Ordinance on the implementation of the Act on Records in the Field of Health Care for stationary health care and monitoring of addiction (Official Gazette, No. 44/00). 17. Ordinance on the categorization of technical medical equipment of medical institutions (Official Gazette, No. 12/12). Other: 1. Amendments to the plan and programme of health care measures under the compulsory health insurance system (Official Gazette, No. 156/08); 2. Basic Network of Medical Services (Official Gazette, No. 98/09, 14/10, 81/10, 64/11, 103/11,110/11 and 141/11); 3. Decision supplementing the Decision determining the basic list of medications of the Croatian Institute for Health Insurance ("Official Gazette, No. 16/08, 33/08, 68/08, 90/08 and 134/08); 4. Decision determining the basic list of medications of the Croatian Institute for Health Insurance ("Official Gazette , No. 27/09, 91/09, 97/09, 101/09 and 113/09, 69/10, 83/10, 131/10, 01/11, 54/11, 59/11 and 61/11); 5. Decision on determining the supplementary list of medications of the Croatian Institute for Health Insurance (Official Gazette, No. 69/10); 6. Corrigendum of the Decision on determining the supplementary list of medications of the Croatian Institute for Health Insurance (Official Gazette 83/10); 7. Decision amending the Decision on determining the supplementary list of medications of the Croatian Institute for Health Insurance (Official Gazette, No. 131/10, 01/11, 54/11 and 59/11); 8. Decision amending the Decision determining the list of particularly expensive medications determined by the Decision determining the basic list of medications of the Croatian Institute for Health Insurance (Official Gazette, No. 64/08, 90/08, 116/08, 02/09, 27/09, 59/09, 91/09, 113/09, 69/10, 131/10, 54/11 and 93/11); 9.
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