Healthy Skepticism Library item: 17841
Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.
Publication type: Journal Article
Braillon A
Whistleblowing and Europe
BMJ 2010 Apr 16; 338:
http://www.bmj.com/cgi/eletters/338/may26_2/b2090#231475
Abstract:
Protection for whistleblowing varies between countries. The first law specifically to protect whistleblowers was the Lloyd-La Follette Act of 1912 in the United States. The framework of legal protection is more recent in the UK; Employment Rights Act 1996, amended as Public Interest Disclosure Act 1998. However, at this time Stephen Bolsin from the Bristol Royal Infirmary had to leave England for Australia.(2) In 2010, the success of a whistleblowing claim is news.(3) Unfortunately, it means that it may still be exceptional.
By contrast, whistleblowing has no legal recognition in other European countries. Worse still, the Conseil d’Etat, the highest administrative court in France, has always judged that servants must remain silent (“obligation de réserveâ€). Too many European Union directives are useless, but here is a good case for harmonisation.
1 Benkimoun P. Doctor’s sacking is setback for French public health, supporters say. BMJ 2010;340:c711
2 Gooderham P. Changing the face of whistleblowing. BMJ 2009;338: b2090
3 Dyer C. Doctor who was excluded for raising patient safety concerns is entitled to substantial damages. BMJ 2010; 340: c739
