Traditional medicine in danger: Czech Republic has adopted law about training og therapists, senators trying to cancel it

Therapists and supporters of tradicional medicine in Czech Republic even in European Union are concerned by the current wave of traditional medicine suppression by legal adjustments within the EU and the Czech Republic. (Pexel / public domain)

 

In September 2017 in Czech Republic began to apply an amendment to the law, which allows the teaching of non-medical professions including Chinese medicine therapists. Senators Derner and Plaček now want to cancel it.

Current Minister of Health Adam Vojtěch start to criticise Traditional Chinese Medicine and senators Alena Dernerová and Vladimír Plačka now want to enforce amendment of law No. 96 / 2004Sb. This amendment enforce will repealed the provisions adopted in the summer of 2017 on the introduction of professional competence to practice traditional Chinese medicine in Czech Republic, professional qualifications, minimum requirements for study programs and training programs, and study programs to acquire professional competence.

The Union of Supporters of Traditional Chinese Medicine (STCM) defended the law and also try to react on criticism from senators and Ministry of Health. STCM has sent an opinion on the forthcoming amendment of the law to the Parliament of Czech Republic.

Below is ful copy ot he letter:

 

Parliament of the February 12, 2018

Czech Republic Number of sheets: 8

Valdštejnské náměstí 17/4 Enclosures

Praha 1, 118 01

 

Our reference number: 1002/2018-Se-UPTČM

 

Re: Position of the Union of Proponents of Traditional Chinese Medicine, NGO registration number: 06399959, on the proposal of the Czech Senate draft law put forward by the senators Alena Dernerová and Vladimír Plaček amending the law No. 96/2004, on the conditions of the acquisiton and recognition of qualification for the performance of non-medical health care professions and for the performance of activities related to the provision of health care and on the amendment of some related laws (the law about non-medical health care professions), in the wording of subsequent regulations (hereinafter referred to only as „proposal of the Senate draft law“, or „Proposal“)

Dear Sirs and Madams,

in September 2017 has come into force the amendment of the law No. 96/2004 which makes possible the practice in non-medical professions for Chinese medicine (TCM) therapists.

By Traditional Chinese Medicine (TCM)is understood in particular the thousands years old holistic, prophylactic and therapeutic system which is based on Daoist principles and whose core theory is based on jin and jang theory and five elements. TCM is based on detailed individual diagnosis, which assesses the state of health in a holistic way as the result of the activity of all internal organs and of the emotional strain and besides the disease takes into consideration the overall constitution of the given person and his/her medical history as well. It perceives the human being in connection with his environment, relationships, season of the year, climatic factors, etc. In the prevention and in the support of homeostasis it takes into account not only the imbalances or outright disease but also the bodily constitution. The traditional Chinese medicine helps by the holistic approach to restore the state of internal dynamical equilibrium of the organism and is able not only to restore the physical and mental feeling of health but also helps to preserve it in the long term. On the basis of traditional approaches, it is thus possible to completely individualize the help to the given person, to tailor it, which is one of the causes of the exceptional success of the TCM. TCM can be used as a preventive method, for the support of health at a time when according to Western medical practice the disease is not yet diagnosed. It is also a soft method, suitable for children and elderly persons. At the same time, TCM has a significant contributing potential when in collaboration with the conventional, i.e. Western, medicine for the help in the already developed diseases and disorders. With the application of TCM always goes hand in hand also dietetic counselling and counselling related to life regimen measures so that those interested get instructions how to preserve and deepen their dynamic health (homeostasis) in the long term.

The Union of Proponents of Traditional Chinese Medicine (abbr. Union of Proponents of TCM) is very alarmed by the activities and behaviour of the presidium of the Jan Evangelista Purkyně Czech Medical Society concerning the traditional Chinese medicine, by the activities and behaviour of the present ministr of health Adam Vojtěch and, last but not least, by the efforts of the senators Alena Dernerová and Vladimír Plaček at the amendment of the law No. 96/2004 by which they want to abrogate the provisions of this law passed in the Summer of 2017 concerning the introduction of professional qualification for the performance of the profession of the therapist in traditional Chinese medicine (Article 21 d of the law), of the professional qualification for the performance of the profession of the specialist in traditional Chinese medicine (Article 21 e of the law) and the minimum requirements on the study programmes and educational programmes for the acquisition of professional qualification for the performance of the profession „therapist in traditional Chinese medicine“ and on the study programmes for the acquisition of professional qualification for the performance of the profession „specialist in traditional Chinese medicine“ (Article 90, paragraph j of the law).

Proposal of the Senate draft law put forward by the senators Alena Dernerová and Vladimír Plaček see here. 

All these critics of the TCM have somewhat overlooked that TCM was already here at a time when the so-called „Western medicine“ did not exist and the population of Western Europe was treated by shamans, druids, or other persons who predominantly also used the holistic approach. This is, however, tactfully passed in silence.

The Senate draft law put forward by the senators Alena Dernerová and Vladimír Plaček is defective and unconstitutional, and that is for various reasons.

Already the explanatory report to this proposal of the Senate draft (read here) contains in Article 1 of the explanatory report absolutely insufficient and defective substantiation, among other things it does not say anything at all about what people, citizens want. Do the citizens want TCM or not? We know that a number of people want TCM, and those who do not want it will not be anyhow damaged if TCM is included to the pallet of available health care choices, as no one is going to force those opposing TCM to use TCM!

Senators and deputies probably do not realize that according to Article 23, paragraph 3 of the Constitution of the Czech Republic they have taken the oath which reads as follows:

„… I promise my loyalty to the Czech Republic. I pledge that I will abide by its constitution and laws. I pledge my honour that I will perform my mandate in the interest of all the people and to the best of my knowledge and conscience.”

Related articles see here:

GET TO REQUEST FOR THE LEGAL PROFESSIONS TO FULFILL ITS OBLIGATIONS UNDER THE LAW

PREPARED NEW CIVIL LAW RULES: REFINED INSTRUMENT OF TOTALITY OR EVIDENCE OF UNCONSISTENESS OF CZECH CITIZENS?

It is not written in this oath that the deputy or senator promises that he will perform his mandate in the interest of the Czech Medical Society, Czech Bar Association, Minister of health or another lobby.

The proposal of the Senat draft law in question comes into collision with the provisions of Article 23, paragraph 3, Article 1, paragraph 2 of the law No. 1/1993 of the Constitution of the Czech Republic.

The complete wording of the Constitution of the Czech Republic see here. 

People, citizens who are using TCM and are willing to have the right to its dignified position within the state recognized medicine system,overlooking the very fact that TCM has already thousands years of written history, which represents vast epidemiological data, far beyond any safety assessment we deem sufficient when assessing modern, novel substances. Senators Dernerová and Plaček apparently want by their draft to discriminate against the citizens who want TCM and want TCM to obtain a dignified place which not only from the historical point of view truly belongs to it. Both Senators are outing citizens relying on TCM in the same way Ministry of Health of the Czech Republic and now also the Ministry of Agriculture of the Czech Republic wanted to perform unsubstantiated actions to out the use of traditional herbs from the citizens. See the case Coriolus, read here.

There arises logically the question whom Senators Dernerová and Plaček actually serve which might be the topic for yet another discussion.

Let us now return to the reasoned statement (item 1) of the proposal of the Senate draft law.

From the reasoned statement it is obvious that the submitters of the draft law did not understand at all what TCM actually is and what it amounts to. The definition of TCM is missing.

The submitters of the draft law assert that TCM is one group of healers. They obviously did not understand that it is not the question of healers. The graduates of TCM study for a long time, pass a number of exams, realize many study visits and permanently educate themselves.

We gave the definition of TCM at the beginning of this submission.

Through the reasoned statement runs as the main thread the fear of the Senate submitters of the possibility that the graduates of TCM could perhaps in the future be entitled to the payment for their procedures from the medical insurance companies. And why not? TCM is not tantamount to natural healing, shamanism or quackery.

Why do Senators Dernerová and Plaček want to force upon us solely the allegedly „scientific” Western medicine and to deprive us of a functional alternative, i.e. TCM? The Union of Proponents of TCHM and its members feel discriminated against by the draft law put forward by Senators Dernerová and Plaček and will use all legal means to block this manipulative effort.

The reasoned Senators statement furthermore goes even to that extent that TCM does not function, when tested scientifically.

For sure, Senators Dernerová and Plaček have somehow omitted to say how, in what and by which means TCM has been scientifically tested and what they mean by the notion „to test scientifically“. How cannot they be aware of the very obvious fact, that any truly individualized approach can never be properly assessed statistically by the past century “golden standard” of double-blind randomized placebo-controlled (DBRPC) study? That means whenever there is a DBRPC study, there is big bias as it is not about TCM at all, as such study violates the very TCM principle of individualized assessment. Beyond very suitable observational studies, which de facto in their vast numbers have mirrored historically into well preserved written records of traditional usage, there are, of course, modern scientific methods to evaluate TCM available, such as system biology or metabolomics, which rather confirm added value of TCM to existing health care choices.

We ask at the same time the submitters of the proposal of the Senate draft law for the explanation of the notion „to respect the scientifically verified truth“.

To other items of the reasoned statement we give the below mentioned standpoint:

Item 2): The proposed arrangement contravenes the Constitutional order of the Czech Republic, nobody asked the people about their opinion, it discriminates against the people who want TCM, and those citizens who do not want TCM suffer any damage from discrimination. The Union of Proponents of TCM and its members feel to be discriminated against by the draft law, and that also by the fact that TCM is in the reasoned statement belittled and ridiculed.

The draft law contravenes:

• Art. 1, Art. 2, Art. 23, paragraph 2 of the Constitution of the Czech Republic

• Art. 1, Art. 2, Art. 3, Art. 4, Art. 15, paragraph 1 of the Charter of Rights and Freedoms of the Czech Republic

• Art. 17, Art. 18, Art. 26 of the International Pact on Human Rights (No. 120/1976)

• Art. 8, Art. 9, Art. 10, Art. 14 of the European Convention on Human Rights (No. 209/1992), Art. 2 3. of the Supplementary Protocol to the European Convention on Human Rights (No. 209/1992)

• Art. 3, Art. 10, Art. 13, Art. 14, Art. 20, Art. 21, Art. 35, Art. 41 of the Charter of Fundamental Rights of the European Union (Ú.v. EU C 303, 14, 12, 2007, p. 1-16)

The users and proponents of TCM claim that TCM should be taught and propagated and that it should hold the dignified position which it deserves. We refuse to submit only to one choice, i.e. to the so-called scientific Western medicine, even though we recognize its contribution and respect it.

So kindly respect TCM in a similar way, too.

In the opposite case reckon with legal actions for protection against discrimination and for protection against violation of fundamental human rights and freedoms.

The draft law violates the right of the individual for the choice of the form and method of prevention and medical treatment.

The draft law violates the right of the individual for the choice of the form and method of prevention and medical treament in conformity with religious faith and conviction.

On this see in more detail: Ivo Telec, Svoboda volby péče o vlastní zdraví (Freedom of choice of care for one´s own health), Acta iuridica Olomucensia, 2017, Vol. 12, No. 1, p. 9-28, Univerzita Palackého, 2017

Item 3) The proposed legislation contravenes the international treaties by which the Czech Republic is bound. The conflict with international treaties on the protection of human rights and freedoms is objected already in the foregoing – see item 2), for these treaties are a part of the Constitutional order of the Czech Republic.

In addition to the aforementioned reproaches, the Czech Republic acts as if it is not a full member of the World Health Organization (WHO) at all, whereas the WHO strategy for traditional medicine 2014-2023 has been worked out and launched in response to the resolution of the World Health Organization (WHO) on traditional medicines.

The aim of the strategy is to support the member states in the creation of proactive action plans which will strengthen the role played by traditional medicines in the maintenance of a healthy population.

In more detail see here.

WHO can be hardly suspected of supporting the charlatans.

It should be mentioned that WHO was founded on July 22, 1946, Czechoslovakia was one of the founding members and its founding document titled Constitution of the World Health Organization was approved in New York on July 22, 1946 and came into force on April 7, 1948 when it was ratified by the necessary number of 26 states, including the Czechoslovak Republic. The WHO Constitution is binding for the Czech Republic. WHO has today 193 member states.

The cradle of TCM is China, according to WHO figures it is taught and practiced in many other countries.

Between the Czech Republic and the People´s Republic of China, there is a number of bilateral treaties and memoranda at various levels and in various sectors that has been concluded since 1957. The submitters of the Senate draft law apparently did not take pains to read them carefully, let alone to evaluate them.

The Union of Proponents of Traditional Chinese Medicine is examining and appraising at the moment the agreements and memoranda concluded between the former Czechoslovak Republic, or Czech Republic, and China.

Item 4) cannot be evaluated as yet

Item 5) unjustified proposal

Item 6) it contravenes the norms of higher legal force

Item 7) considerable negative impact

Item 8) cannot be evaluated objectively as yet

Item 9) monopoly on health in favour of so-called „scientific medicine“. The impact on health is on the contrary denied to nourishment by (functional) food & varied diet and last but not least also to TCM. Discriminatory, corruptive and manipulative impact

Item 10) cannot be evaluated

 

Conclusion:

The proposed Senate draft law under review put forward by the senators Alena Dernerová and Vladimír Plaček cannot be evaluated otherwise than as an attempt at the enforcement of another legislative reject of which there is, especially since November 2013, a growing number. The draft law in question goes against the worldwide trend, against logic, it gets into conflict with the norms of higher legal force and discriminates against a part of the citizens.

Moreover – nobody has asked the citizens and consumers about their opinion.

In this, by the procedure of the proposers of the draft law in the above-mentioned issue, is thus completely denied the very principle of the materially legal state which the courts, lawmakers and other bodies in the Czech Republic proclaim outwardly, , but which they in reality deny by their acts. The general courts in the Czech Republic but also the Constitutional Court of the Czech Republic and other bodies and lawmakers should begin to perceive more the social changes in the society and the growing dissatisfaction of the inhabitants, including the critical attitude. These voices are gaining strength and will be gaining strength even more.

In other words, how could it happen at all that in a state which imposes on its citizens and firms (except the oligarchic ones) since November 2013 nothing but obligations (check VAT reports, electronic sales record keeping, enforcement of the obligation to deposit money in banks and to pay non-cash even trifling amounts, curtailment of privacy and snooping around under the pretext of alleged strengthening of the security of citizens, including the cyberspace – but without the functioning of efficient necking mechanisms protecting from the abuse of data acquired in this way, imposing and enforcing vaccination against illnesses without duly testing its harmlessness, enforcement of the growing and use of herbs which on this territory have existed for centuries only owing to ordered lists but without properly giving reasons why, non-existence of proper legal remedies against the decision of the court or the public prosecutor which orders a house search or the search of other premises, non-existence of proper supervision of the correctness of the functioning of the organs participating in criminal proceedings, non-existence of proper supervision of the functioning of the Financial Analytical Board of the Ministry of Finance of the Czech Republic, remuneration and motivating of the tax administrative staff in dependence on the largest possible creation of additional tax assessment in case of tax subjects, with the exception of oligarchic tax subjects, increase in the number of cases of discriminatory behaviour of judges and official persons in favour of wealthy judicial proceedings participants to the detriment of poor judicial proceedings participants, growth of clientelism, putting the executors on a par with judges of a court of 1st degree in decision-making executory activities but without taking the judge´s oath, impossibility of filing a legal remedy against an executory order of the executor, etc.), the same state is incapable of ensuring to these citizens and firms the functioning of justice, proper and timely proceedings before the respective organs, proper supervision of the exercise of power and the interpretation of law in accordance with the principles of the material rule of law?

Citizens therefore demand the fulfilment of its duties from the state, and that inter alia by a high-quality, fair and proper justice, state administration and legislative power.

 

Jiří Plicka

President of the association

„Union of Proponents of Traditional Chinese Medicine“