Homeopathy is not a medical service, there is no scientific evidence, the court ruled this month.
At the beginning there was a fine of almost €2.000 imposed by the Regional Council of the Zlín Region on a woman who provided homeopathy counseling.
The fine was confirmed by the Ministry of Health. Both administrative bodies assume that homeopathic services meet the definition of health care under the Health Services Act and can therefore only be provided by the holder of the authorization to provide health services issued by the Regional Council.
But the Regional Court in Brno annulled the decision of the Ministry of Health, and it filed a cassation complaint with the Supreme Administrative Court.
Conclusion – Considering the views of the applicant, the Ministry of Health, the Czech Medical Chamber and representatives of homeopathic practice, the Extended Chamber concluded that homeopathy is not a health service. Health services must be provided according to rules of science and recognized medical practices. According to the same assertion of all the persons who expressed themselves to the court during the proceedings, the effects of homeopathy have not been scientifically proven. Therefore, the judges of the Extended Chamber concluded that if homeopathy could not be provided according to the rules of science and recognized medical procedures, because they did not have any proven effects, then it could not be a health service.
Judge of the Extended Chamber Petr Mikeš stated:
“It is the right of citizens, as single individuals, to try to solve their health problems using methods that, according to current scientific knowledge, have no effect, unless they are misled as being a health service under the Health Services Act. The state is not supposed to prevent them from finding their happiness, although it may believe that this path is inefficient.”
“If an alternative medicine service provider were to deceive consumers about the true nature of the services provided, they would be affected by unfair commercial practices under the Consumer Protection Act. The homeopath or other healer shall also be liable to the consumer in civil matters for the harm suffered and criminal liability may be inferred, in particular for the commission of the crime of bodily harm.”
Anyway – Court did not ban homeopathy. Homeopaths can still serve their diluted sugar pills. It’s just not officially recognized medical practice.
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