‘Fundamental Human Right Violated’

A lawyer explains what is wrong with the scandalous law on working hours for doctors.

Innovations are expected in the professional life of doctors in three months: now, to provide “specialized and high-tech medical care,” doctors will need to complete residency, training from 2 to 5 years. This culminates in a five-year compulsory labour. In a comment for the website Charter97.org, the lawyer noted that this law violates the fundamental human right to education:

“The UN Committee on Economic, Social and Cultural Rights identifies four main characteristics of the right to education: availability, non-discrimination, physical and economic accessibility, acceptability and adaptability of education, and also indicates that “the right to education can only be exercised if teachers and students have academic freedom."

The lawyer noted that the clause on economic accessibility is violated:

“The amendments provide that a physician after residency cannot refuse compulsory labour or fail to work for the entire period of five years. The fine will be 2.5 times the amount of funds spent on training the specialist. Taking into account the fact that this rule applies even in cases of termination of the contract at the initiative of the training party, there is no reasonable economic accessibility and fair conditions.

Of course, from the point of view of civil law, the parties to the contract establish the terms of the transaction and the parties decide whether to agree or disagree with such terms. Considering that the state is a party to the agreement, it must bear social risks and ensure full compliance with the right to education, recognized by all UN states.

Not to mention acceptability, adaptability and academic freedom. Henri Laugier (the president of the French National Centre for Scientific Research from 1939 to 1944 and the Assistant-Secretary-General for Social Affairs at the United Nations in 1946) wrote that “people live in an atmosphere of theoretical equality and actual inequality. This state of affairs is accepted by almost everyone, and such a situation does not give rise to the desire to defend one’s rights or demand changes.”

However, it’s still good that all new provisions will apply only to those who began residency training after February 1, 2024, when the main provisions of the law come into force. The law still does not have a retroactive effect, which is generally good, but the situation with legality does not get any better.