Need for a health protocol for visits by family members to very frail or dying patients in healthcare facilities in the EU

Subject: Need for a health protocol for visits by family members to very frail or dying patients in healthcare facilities in the EU

Almost one year on from the outbreak of the SARS-CoV-2 virus, most healthcare facilities in the EU are still refusing to allow seriously ill or dying patients visits from their close family members.

People who are dying are forced to endure a lengthy period in seclusion, with their families also suffering unbearable trauma.

All this constitutes an unpardonable breach of human rights. Family ties protected by Article 8 of the European Convention on Human Rights and Article 7 of the Nice Charter are being severed with no justification for this, even though ways and means to organise these visits do exist. In fact some healthcare facilities have already established protocols for visits to very frail or dying patients, with almost no cases of infection reported as a result of this contact.

To date many family members have only learnt of the death of their relative through a telephone call, without having been allowed to say a final farewell, owing to the healthcare facility concerned not having any means of protection in place, such as windows or doors, or plastic screens with special arms through which visitors can see and touch the other person in complete safety.

In light of this:

1. How, specifically, will the Commission promote visits by close family members for extremely frail or dying patients in the EU’s healthcare facilities?

2. Will it provide national health authorities with the requisite support for this in terms of funding and equipment?

Answer given by Ms Kyriakides on behalf of the European Commission

(29 April 2021)

According to Article 168 of the Treaty on the Functioning of the European Union (1), Member States are responsible for the organisation and delivery of healthcare services, including for decisions on visitor policies. The Commission cannot intervene in decisions of national authorities, and subsequently, in this particular matter.

The right to respect for family life is enshrined in Article 7 of the EU Charter of Fundamental Rights (2). However, according to its Article 51(1), the Charter only applies to Member States when they are implementing EC law. The case referred to by the Honourable Member does not appear to be related to the implementation of EC law. In such cases, it is for Member States to ensure that fundamental rights are effectively respected and protected in accordance with their national law and international human rights obligations.

The European Centre for Disease Prevention and Control supports the Commission and Member States in their response to the COVID-19 outbreak by providing guidelines and recommendations to minimise the risk of transmission of COVID-19 within healthcare (3) and long-term care (4) facilities.

The Commission has mobilised all means at its disposal to help Member States to repair the immediate economic and social damage brought by the coronavirus pandemic (5). One example is the use of the Recovery Assistance for Cohesion and the Territories of Europe (REACT-EU) (6) part of the Next Generation EU (7) support, that continues and extends the crisis response and crisis repair measures delivered through the Coronavirus Response Investment Initiatives (8). Funding through Cohesion funds programmes for the 2021-2027 period can also contribute to strengthening the resilience of the health systems.

⋅1∙ https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:12008E168&from=EN

⋅2∙ https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT

⋅3∙ https://www.ecdc.europa.eu/sites/default/files/documents/Infection-prevention-and-control-in-healthcare-settings-COVID-19_6th_update_9_Feb_2021.pdf

⋅4∙ https://www.ecdc.europa.eu/sites/default/files/documents/Increase-fatal-cases-of-COVID-19-among-long-term-care-facility-residents.pdf

⋅5∙ https://ec.europa.eu/info/live-work-travel-eu/coronavirus-response_en

⋅6∙ https://ec.europa.eu/regional_policy/en/newsroom/coronavirus-response/react-euz

⋅7∙ https://ec.europa.eu/info/strategy/recovery-plan-europe_en#nextgenerationeu

⋅8∙ https://ec.europa.eu/info/live-work-travel-eu/coronavirus-response/jobs-and-economy-during-coronavirus-pandemic/cohesion-policy-support-measures-

coronavirus-response-investment-initiatives_en