Submitted by crinadmin on
Uruguay's Family Appeals Court has ruled that the State must tighten controls on the use of a drug to treat children with Attention Deficit Disorder, in a case taken by the Observatorio del Sistema Judicial (OSJ – the Observatory of the Judicial System). The Ministry of Public Health will now have to take action to ensure that a diagnosis of Attention Deficit Disorder of children and adolescents is only carried out by trained professionals, in accordance with international standards. The decision stipulates that the substance methylphenidate must be distributed only through a medical prescription which includes the age and sex of the patient. OSJ's Legal Clinic for Children's Rights specialises in cases which have a public interest element. It is formed of young lawyers and advanced students who work as volunteers. In its first case, the Legal Clinic successfully fought for the Ministry of Public Health to provide information relating to the import and production of medicines which contain methylphenidate, a stimulant for the nervous system, which has properties similar to those in amphetamines. The substance, which is sold under a number of commercial names, such as Ritalin, is used to treat Attention Deficit Disorder in children. Given the possibilities for misuse of this substance, the OSJ proposed an investigation not only in relation to medical praxis and the generalised diagnosis of the drug, but also into the lack of educational strategies, and the stigmatisation of children and adolescents who are categorised as being hyperactive. In the course of this process, the Ministry of Public Health admitted that, while in 2001, 900 grams of methylphenidate were imported in 2001, this had risen to a worrying 17,000 grams by 2007. In 2008, OSJ initiated a new case against the Ministry in relation to the excessive increase in imports of the drug. An OSJ calls for the Ministry of Public Health to avoid excessive use of methylphenidate which is not justified by valid reasons. To this end, it is essential that it develops effective control mechanisms, state the report. The legal action was initially dismissed against it, but the Family Appeals Court reversed the decision. Arguments used by OSJ included the fact that 30 per cent of children in Uruguay consume methylphenidate, according to Blanca Pimienta, head of of Drugs in the Medication Department of the Ministry of Public Health. Another witness said that in Pereira Rossell – the only hospital in the county which specialises in paediatric care – duplicate prescriptions are used. Milestone Javier Palummo, coordinator of OSJ, called the decision a milestone for the enforcement of economic and social rights. “It's striking that the Ministry of Public Health did not take into account the norms of international bodies or control the excessive diagnosis or undue use of this drug. There is no policy which conforms to international regulations which have stipulated that only medical professionals (psychiatrists, in collaboration with a multi-disciplinary team) may intervene in such cases, rather than paediatricians or general practitioners, said Palummo. In spite of the decision, the Ministry of Health refused to accept what was being asked. “Its main argument was that the judiciary and civil society did not have the legitimacy to make this order and....”, he said. “The judiciary ordered the Ministry of Public Health to develop policies to guarantee the right to health and to life of children and adolescents. This is strategic case, which will achieve a change in public policy in line with standards of international law,” explained Palummo. [Sources: El Diario, Búsqueda, OSJ] Further information