Table of contents
If you are not a legal entity, you are obviously exempt from any authorization regime, bureaucracy requirements etc. Your scope for action is limited only by the freedom of individuals in your legal system.
On the downside, unincorporated initiatives cannot easily use some of the services that legal entity can. They canot hold a bank account, sign a contract, rent an office etc. They rely heavily on the good will of the people who believe in them to maintain coherence, even more so than incorporated ones.
The Helliniko Community Clinic is an example of a very effective care initiative that has decided not to incorporate.
"Squat, then negotiate"
Many care projects need physical spaces, but buildings have an especially top-heavy regulatory regime in many countries. Rather than ask for authorizations, some groups find it easier to start by illegally squatting their building of choice, then negotiating with the owner. The act of squatting creates a problem for the owner; an agreement with the squatters can be presented as the solution.
Belgium (and maybe other countries too?) has a legally attenuated contractual form for people and organisations to temporarily occupy buildings. One of its advantages: industrial spaces or office buildings can be temporarily repurposed as living quarters. Loic is an expert in this area – see here.
Starting with a phrase from woodbine-health-autonomy-center
“This practice may involve working outside the structure of licenses, certifications and insurance. “
To my understanding of OpenCare, then this is the very essence. Breaking out of ‘failed institutions’ https://edgeryders.eu/en/escaping-failed-institutions-through-evasive-entrepreneurship while staying clear of trouble.
As @markomanka remind us: …it will break…, but let’s skip the simple logical stuff to which we all agree (Being ethical correct, Good Clinical Practice, Protect privacy, Helsinki declaration, Risk assessment…) and make some foothpaths in the illogical legal jungle, mapping the traps and dangerous animals. Let’s also stick to EU continent of bureaucratic beasts.
Therefore this proposal of creating a living document to collect knowledge, references and safe practice
(My initial title suggestion:) OpenCare Legal Evasion Guide or How to keep clear of lawsuits
There is a start in the 100$ overview https://docs.google.com/document/d/1NKc2bM1FnpQ9zCEveieFr7bIGA9JkI8U_adsBpyma1A/edit#heading=h.5obrk7n45hk3 but I think it would be better with a dedicated collaborative document.
Draft for a table of content:
* How to get around ensurance of responsibility etc…
* Can you reproduce a patent for non profit or private use? How do you work with or around licensures/certifications to provide safe care? (from :https://edgeryders.eu/en/woodbine-health-autonomy-center)
* How do you interact with existing structures?