The Socialist Group will defend next Thursday, 12 November, in the plenary session of the Parliament of Andalusia, a non-legislative motion (PNL) in which, among other points, it calls on the Government of the regional council to include in the community’s Budgets for 2027 "a specific budget item sufficiently funded for the creation of an Extraordinary Regional Fund for Repair and Support for Women Affected by Incidents in the Early Detection Program for Breast Cancer, intended to finance extraordinary aid" and "economic compensations".
Thus it appears in the text of the initiative, consulted by Europa Press, which will be addressed in the plenary session set for Thursday 12 November, and which focuses on the "comprehensive repair of women affected by the incidents in the early detection program for breast cancer in Andalusia and the creation of a regional repair fund in the Budgets for 2027".
First of all, the PNL proposes that the regional chamber ask the Andalusian Executive to "guarantee the comprehensive repair of women who have suffered damage as a result of the incidents and deficiencies produced in the Early Detection Program for Breast Cancer in Andalusia".
Along those lines, the PSOE-A proposes agreeing "the recognition and payment of the indemnities that legally correspond and the establishment of extraordinary support and economic compensation measures, taking into account physical, psychological, personal, family and economic harm, as well as the consequences of diagnostic or care delays, by setting up administrative mechanisms for recognition, assessment and repair that make it possible to obtain fair, fast and effective compensation without the need to go to the courts".
Likewise, the socialist initiative proposes that the Parliament urge the Andalusian Government to "promote out-of-court agreements and, where legally appropriate, settlement agreements with women who have already submitted claims for liability against the Junta de Andalucía or initiated judicial proceedings, with the aim of recognizing and repairing the damage proven and reaching compensation solutions that make it possible to put an end to litigation without the need to wait for a ruling, guaranteeing in all cases the consent of those affected, the individualized assessment of the damage and full respect for their rights".
Likewise, the Socialist Group will request that the Parliament of Andalusia urge the Council of Government to "incorporate in the Budget of the Autonomous Community" for 2027 "a specific budget item sufficiently funded for the creation of an Extraordinary Autonomous Fund for Repair and Support for Women Affected by the Incidents of the Early Detection Program for Breast Cancer".
That fund would be "intended to finance extraordinary aid, economic compensations and, with the corresponding budgetary and legal coverage, the indemnities that are appropriate, including those arising from administrative agreements, extrajudicial settlement arrangements reached with the women who have already initiated claims procedures for patrimonial liability or judicial proceedings against the Autonomous Administration".
The motion also calls for setting "objective criteria for assessment and quantification, swift procedures for recognition and payment, and guarantees to avoid duplication of compensations for the same damages, without obtaining the extraordinary aid being conditioned on the filing of a lawsuit".
Statement of reasons
In the statement of reasons, the Socialist Group argues that "the first anniversary of the public complaint" of the "incidents" detected in the Early Detection Program for Breast Cancer in Andalusia "must serve not only to remember what happened and recognize the struggle of the affected women, but also to advance recognition and the effective repair of the damages that they may have suffered".
The initiative also emphasizes that, to the "uncertainty experienced during the health process" is added, in certain cases, "the need to face administrative or judicial procedures in order to obtain recognition and repair of the damages suffered".
In this context, the PSOE-A recalls Article 106.2 of the Spanish Constitution, which "recognizes the right of private individuals to be indemnified for injuries they suffer in their property and rights as a consequence of the operation of public services, in the terms established by law".
In the same way, it is pointed out that "articles 32 and following of Law 40/2015, of 1 October, on the Legal Regime of the Public Sector, regulate the patrimonial liability of public administrations and the right to obtain compensation when the legally required conditions are met", as reported by the PSOE socialist party.
For the PSOE-A, "the creation of an extraordinary autonomous fund for repair and financial support for affected women, with budgetary provision, would allow specific assistance and compensation measures to be put in place, without prejudice to the legal regime of the administration’s patrimonial liability and the right to obtain the compensations that correspond".
This instrument, adds the socialist argument, "should include objective and transparent criteria for access, individualised assessment procedures, and measures that make it possible to address the different situations of affected women, especially those who have suffered diagnostic delays with clinical consequences, worsening of their illness, sequelae, or personal, family, and economic harm".
After also calling for a "particularly agile response for women who are in situations of advanced illness, special vulnerability, or economic need, avoiding that the length of administrative procedures unjustifiably delays attention to their needs", the PSOE-A maintains in its PNL that "the approval of the Budgets of the Autonomous Community of Andalusia for 2027 constitutes an opportunity to translate this institutional commitment into a specific, sufficient, and earmarked financial allocation, intended to fund repair and support measures for affected women".
The Socialist Group concludes by defending that "the dignity of the affected women, their right to health protection, and the need to recover trust in the public health system require a response that places at the center those who have suffered the consequences of the deficiencies detected".