European report highlights the need for more protection against unequal treatment in healthcare

The European Union Agency for Fundamental Rights (FRA) recently published a report identifying  barriers and individual experiences of multiple discrimination in healthcare based on traits such as ethnic origin, gender, age and disability.  The report addresses case law with a special focus on the healthcare systems in Austria, Czech Republic, Italy, Sweden and the UK.

The report illustrates the difficulties in bringing a complaint of discrimination on ‘multiple’ grounds to court. The difficulties lie in either a poor understanding of ‘multiple’ discrimination or simply that it is easier legally to make a complaint based on one particular ground as opposed to multiple grounds.

The report highlights certain key points.

• Barriers are often created in healthcare systems or the quality of the healthcare varies from person to person depending on certain traits including sex, age or membership of a minority group.
• It is recommended that governments’ and health authorities provide anti-discrimination training for its health care providers.
• Only 6 of the 27 Member States address ‘multiple’ discrimination in their domestic laws.
• Healthcare complaints as discrimination cases are less likely to be taken to court due to lower compensation being awarded compared to medical malpractice cases. Courts need to award dissuasive and proportionate compensation for discrimination cases also.
• Healthcare statistics need to be improved so as to accurately assess the extent that certain groups of society, who share multiple characteristics, are experiencing discrimination.
• A superior data system needs to be developed to show the true extent of disadvantage in healthcare concerning the different grounds of discrimination.
• A single body dealing with all areas of discrimination is recommended. 

Commenting on the report, Morten Kjaerum, FRA Director said “To ensure that everyone is treated equally when accessing their basic rights, legislation and healthcare systems need to reflect the complexity of real people’s lives.....People are not just characterised for example by their gender, but also by their age, ethnicity, or disability. Anti-discrimination laws should be changed to allow victims of multiple discrimination to take their cases to court. Anti-discrimination training for healthcare staff is also needed to ensure that people are treated according to their needs, no matter who they are.”

Click here to download the report 

Click here to read the FRA’s Press Release

Click here to read the FRA’s memo on multiple discrimination 

Click here to read a FRA factsheet on the report