Discrimination occurs when a person is treated differently than others in the same situation without an objective reason. It may also occur when persons in significantly different situations are treated in the same manner without an objective reason. Equality and non-discrimination are relevant also in the context of a person’s health.
Equality and non-discrimination in health care
Unjustified discrimination conflicts with the principle of equal treatment. It is prohibited by international conventions and national laws. Non-discrimination and equality are also relevant in the context of a person’s health.
The International Covenant on Economic, Social and Cultural Rights in Article 12 states:
“the right of everyone to the enjoyment of the highest attainable standard of physical and mental health”.
This means that all people, equally and with no distinction, should have access to health care. Moreover, health services should be affordable in order not to deprive medical help to people with limited financial resources.
Grounds of discrimination in health care
Unjustified discrimination often occurs because of an individual’s gender, ethnic or racial origin, age, or social status, etc. There are many grounds relating to differences between people which could cause someone to be discriminated against. However, an individual must not be treated worse than other people in the field of health care simply because of who they are.
Article 3(3) of the Health Insurance Act in Estonia states:
“Insured persons have equal rights and opportunities to receive health insurance benefits”.
example Reproductive health care should be provided without gender discrimination. A doctor criticising a woman because she wishes to terminate an unplanned pregnancy is an example of differential treatment.
Health status as a ground for discrimination
A person’s health status may sometimes be used as a ground for discrimination, meaning that the person is treated differently than others solely due to the status of their physical or mental health.
example HIV-positive people and persons with mental disorders often experience stigmatising attitudes.
Read more about the prohibition of discrimination in this Guide.