Ivanovska: medical professionals may refuse Russian-language service, but not the assistance itself

Ombudsman's position on the language of service

Language Ombudsman Olena Ivanovska commented on the situation where medical professionals refuse to provide services to patients due to the language used in their request. In her words, the legislation does indeed contain provisions regulating language choice.

Ivanovska refers to the current language legislation, according to which a service provider may communicate with a client in a language other than Ukrainian, at their own discretion.

Is it permissible to refuse treatment

It is important to distinguish between the choice of communication language and the right to receive medical assistance. Provisions regarding the possibility of service in another language do not relate to the right to refuse to provide a service.

The law does not state that a medical professional may refuse a patient solely because they addressed them in Russian, if communication in Ukrainian remains possible.

The right to choose the language of communication does not annul the primary duty of a medical professional — to provide assistance to a sick person.

Criminal liability for inaction

The activities of medical professionals are regulated by special legislation, which provides for obligations regarding the provision of assistance to patients.

In particular, Article 139 of the Criminal Code of Ukraine establishes liability for the failure of a medical professional to provide assistance to a sick person, if there are no valid reasons for doing so.

Punishment for such an offence may range from restriction of liberty to deprivation of liberty. The extent of the punishment depends on the circumstances of the case and the consequences. If a patient died due to the inaction of a medical professional, the liability is stricter.

Thus, language requirements and the duty to provide necessary medical assistance should be considered as separate legal categories. A medical professional cannot use a language barrier as a pretext for refusing treatment.