In Spain, cancer is one of the main causes of morbidity and mortality. According to REDECAN calculations, the number of diagnosed cancers is projected to reach 279,260 cases in 2023.
While this is true, advances in research, early diagnosis and available treatments are improving survival for people with cancer in almost all tumors. These improvements, as well as an increase in population longevity, have increased the number of cancer survivors in Europe and Spain in recent decades.
The European Plan to Fight Cancer, launched in 2021, constitutes a political commitment of the first order. One of its aims is to deal with all stages of the disease, including long-term survivorship care.
European Parliament’s Resolution 2020/2267 (INI) on Strengthening Europe in the fight against cancer towards a global and coordinated strategy, includes a proposal for a ‘right to be forgotten’ to guarantee that cancer survivors are The comparison does not discriminate. with other citizens. This document recognizes that the European plan to fight cancer must “respond to the legitimate expectations of the more than 12 million cancer survivors and their families.” For this reason, among other measures, it calls for the adoption of an anti-discrimination directive as well as a fair and equitable application of the directive on financial services without discrimination against cancer patients and survivors.
Similarly, in its point 125 it states: “Insurers and banks should not take into account the medical history of people affected by cancer; calls for national legislation to ensure that cancer survivors are not discriminated against compared to other consumers; Calls on all Member States to guarantee the right to be forgotten by 2025 for all European patients at the latest ten years after the end of their treatment and for patients diagnosed before the age of 18 at the latest five years after the end of treatment does.
In Spain, the cancer strategy of the National Health System (SNS) has been updated in 2021 to adapt to the European plan, which aims to improve the quality of health and social care received by people with cancer and their families. And among other issues, this includes assessing the needs of patients who have survived cancer.
There is no specific law in our country regarding the “right to be forgotten” of patients with a history of cancer. But if we have Law 4/2018 of 11 June, which modifies the consolidated text of the General Law to protect consumers and users, approved by Royal Legislative Decree 1/2007 of 16 November, which has been removed from the legal system Factors that limit equal opportunity and promote discrimination against people with HIV/AIDS or other health conditions in certain legal transactions, benefits or services. declares null and void those clauses, conditions, terms or agreements that exclude one of the parties for having HIV/AIDS and prohibit the denial of access to the contract, normally to be used by the insurer Difficult circumstances due to HIV/AIDS. Similarly, the commitment was set out to determine the application of the law’s principles to diseases to which it can be assumed that the same discriminatory effects apply as would be the case with people with cancer.
This law consists of an article with two sections. The first adds an additional provision to Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of common law and other complementary laws to protect consumers and users, where the nullity of these laws is established. The second adds a new fourth final provision, which sets a period of one year for the government to determine the application of this law to other diseases in respect of which the legal relationship may have an exclusionary effect. Two final provisions are also included. The first amends Law 50/1980 of 8 October on insurance contracts to suppress discrimination based on HIV/AIDS or other health conditions. The second last provision governs the entry into force.
Federation (FEPNC), through Paifano and the rest of its federations, has done a survey on pediatric cancer survivors and “we see that 59% have some kind of insurance contract, but about 29% of have had their previous cancer, almost everyone has some special condition to get insurance”. It should be noted that most of the life and health insurance he took out was signed by his parents prior to his diagnosis. Of the remaining 41% who do not have any type of insurance, the main reason in most cases is because they refuse to try to get hired. One more fact to be kept in mind, the insurance that is offered through companies is not meant for cancer survivors.
To all of the above, they request a law that regulates childhood cancer survivors’ right to be forgotten, as well as requiring insurers and financial providers to pay for affected people’s medical expenses for 5 years after finishing treatment. History should not be taken into account.
Right to be forgotten
On Saturday, May 13, the federation met in Seville with Pedro Sánchez, along with other associations, in an act that also included the Minister of Health. At this meeting, the President announced that the Right to Be Forgotten Oncology is going to become law in June.
In the European Parliament’s resolution 2020/2267 (INI) on strengthening Europe in the fight against cancer towards a global and coordinated strategy, it includes a proposal for a “right to be forgotten”, to guarantee that cancer survivors are not discriminated against. with other citizens.
The main point of the forgotten oncology right that will be legislated: this new right in Spain will benefit all people who have completed cancer treatment 5 years before the date of signing the contract, without restarting later Happened.
The right to be forgotten prevents insurers and banks from discriminating against people with a history of childhood/adult cancer.
The future legislation aims to eliminate discrimination in the financial sector by: requesting a loan; take out life insurance; Apply for a mortgage… and we want you to end driver’s license discrimination.
Federation Request:
- A law governing childhood cancer survivors’ right to oncological oblivion.
- That insurers and financial providers should not take into account the medical history of those affected 5 years after the end of treatment.
Much remains to be done to end global discrimination against people with a history of cancer (study; workplace; adoption; driver’s license, etc.).
