2024-02-15 11:52:21
by Vera Martinella
Four decrees are missing. The Minister of Health is expected for the first two: they must define the certificate of recovery and the pathologies that can be considered overcome in shorter times than the standard ones
On 2 January 2024, the long-awaited law on the “right to be forgotten” for cancer patients came into force, but the implementing decrees are still missing so that all people cured of cancer can fully enjoy the rights that the new legislation officially recognizes them. For this reason, a few days ago, on the occasion of World Cancer Day, the co-presidents of the House and Senate parliamentary intergroup for rare and onco-haematological diseases, together with patient associations, sent a open letter to the Minister of Health Orazio Schillaci so that the final legislative steps are completed within the shortest possible time. Letter to which, for now, no official response has been received.
What the law provides
Law no. was approved on December 7th. 193: «Provisions for the prevention of discrimination and the protection of the rights of people who have been affected by oncological diseases» (here is the text), which then entered into force after publication in the Official Journal on 2 January. The Italian Parliament has unanimously and exceptionally quickly approved one of the most advanced laws in Europe, demonstrating great attention to the protection of the rights of people who have recovered from cancer in order to prevent and eliminate the stigma and discrimination that hinder the return to the lives of approximately one million Italians. «In practice, the law establishes the right of those who have recovered from cancer not to reveal information on their previous pathology so as not to suffer discrimination – recalls Elisabetta Iannelli, lawyer and general secretary of the Federation of associations for cancer patients (Favo) -. Those who have had cancer and have completed treatment more than ten years ago will now no longer be able to be denied access to a mortgage, get a loan, take out insurance, adopt a child, nor will they be discriminated against at work. The fundamental issue is to establish when a patient can be said to be cured and this is also what the implementing decrees of the law on oncological oblivion are used for.”
The next deadline
Precisely on this point, the first to have to intervene is the Ministry of Health, which is responsible for defining the central aspects of the law through the issuing (by 2 March) of a ministerial decree with which the methods and forms for healing certification. Time is running out, but nothing has moved so far. Thus the patient associations Favo, Ail (Italian Leukemia, Lymphoma and Myeloma Association) and UNIAMO (Federation of Rare Disease Patients) launched an appeal to Minister Schillaci which also took shape in the letter sent by the Chamber and Senate parliamentary intergroup for Rare Diseases and onco-haematological. «The Parliament, by unanimously approving and with an extraordinarily rapid process one of the most advanced laws in Europe, has demonstrated great sensitivity for the protection of the rights of people recovered from cancer – we read in the letter -. This important result was also achieved thanks to the collaboration with cancer patient organizations who made their experience available, guaranteeing qualified support for the drafting of the definitive text.” However, the expectations of former patients and family members risk being disappointed if the next steps are not taken.
The next steps
After the first ministerial decree (by 2 March, in fact), another decree from the Ministry of Health is expected three months after the entry into force of the law (i.e. by 2 April): the list must, in fact, be compiled of any oncological pathologies for which shorter terms apply than those generally foreseen of 10 and 5 years. It will then be the turn of two other decrees (by the Ministries of Justice, Labor and Social Policies) and two resolutions (respectively by the Inter-ministerial Committee for Credit and Savings and the Insurance Supervision Institute). With the approval of the law on the “right to be forgotten”, Italy joined other European countries that had already adopted a similar provision: France, Luxembourg, Belgium, Holland, Portugal, Spain and Romania. However, for the protection of people who have had oncological diseases and are clinically cured to be complete, the implementation process must be completed.
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February 14, 2024 (modified February 15, 2024 | 12:52)
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