The Constitutional Court did not identify permissible conditions for checking the constitutionality of the ban on video cameras in intensive care units

A citizen appealed to the Constitutional Court to check the compliance with the Constitution of paragraph 12 of the Rules of application of technical means of control, surveillance and fixation devices, photo and video equipment used in medical organizations in order to ensure the protection of the rights of patients and medical workers (Order of the Ministry of Health of 30.12.2020 No. KR DSM-335/2020).

This rule of law prohibits the use of video cameras in personal hygiene rooms, treatment rooms and operating units.

In the applicant's opinion, as a result of his stay in the intensive care unit of a medical institution after the surgery he had undergone, the medical staff acted with the aim of depriving him of his life and illegally removing his organs for transplantation. The case was examined by the prosecutor's office and the court, which found no violations. The installation of video cameras in the intensive care unit was also refused, with reference to this provision.

The Constitutional Court, following the results of the study, noted the available legal tools for judicial protection and concluded that there were no permissible conditions for checking the said norm for compliance with the Constitution.

 

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