This case will be pursued in the context of the project “Improving the human rights situation in Albania, through strengthening the rule of law” (Legal Clinic XII), with financial support from Civil Rights Defenders.
Yesterday, on 10.04.2018, the Tirana Administrative Court of First Instance announced its decision by means of which it accepted that the failure of the above health institutions caused discrimination of juvenile G.L, and ordered the installation of cochlear implant device in the juvenile and compensation of damages calculated at 6 838 590 Lek.
AHC addressed the Administrative Court with a request-lawsuit, through which it asked the Court to declare discrimination of juvenile G.L, in the form of “Denial of reasonable adaptation,” correction of consequences through the undertaking of administrative actions to ensure and install the cochlear implant in the juvenile and compensate damages caused by failure to install the cochlear implant.
However, to date, the health care package of the cochlear implant has not become effective in any case because the Ministry of Health and Social Protection has not secured the cochlear implant device; the Mother Teresa University Hospital Center has not conducted a preliminary evaluation of the health condition of juvenile G.L. and the surgery to install the device, and the Compulsory Health Care Insurance Fund has not funded, administered and monitored the free provision of this package.
By CMD no. 308, dated 21.05.2014, “On the approval of health care services to be funded by the Compulsory Health Care Insurance Fund in hospital services,” in force, that in June 2014, the cochlear implant package is offered free to citizens who meet the health conditions for benefiting it.
Medical documents issued by the Otorhinolaryngology service of the Tirana Mother Teresa Hospital University Center establish that it is indispensable to surgically install a cochlear implant device in juvenile G.L., as the only way to correct the hearing problem. Failure to carry out the surgical intervention to install the cochlear implant in as fast a manner as possible, according to specialist doctors, causes severe consequences for hearing ability to the juvenile.
The Albanian Helsinki Committee (AHC), in its activity to protect the rights of vulnerable groups, has followed in court the case of juvenile G.L., who has been diagnosed with “Hypoacusia billateralis profonda, surdomutisim”, or severe deafness on both ears. It is estimated that 20-30 children with severe hearing problems are born each year in Albania. Z