Abstract
BackgroundSocial diversity can affect healthcare outcomes in situations when access to healthcare is limited for specific groups. Although the principle of equality is one of the central topics on the agenda of the European Union (EU), its scope in the field of healthcare, however, is relatively unexplored. The aim of this study is to identify and systematically analyze primary and secondary legislation of the EU Institutions that concern the issue of access to healthcare for various minority groups. In our research, we have concentrated on three features of diversity: a) gender identity and sexual orientation, b) race and ethnicity, and c) religion or belief.Method and materialsFor the purpose of this analysis, we conducted a search of database Eur-Lex, the official website of European Union law and other public documents of the European Union, based on specific keywords accompanied by review of secondary literature. Relevant documents were examined with regard to the research topic. Our search covered documents that were in force between 13 December 2007 and 31 July 2019.ResultsGenerally, the EU legal system prohibits discrimination on grounds of religion or belief, racial or ethnic origin, sex, and sexual orientation. However, with regard to the issue of non-discrimination in access to healthcare EU secondary law provides protection against discrimination only on the grounds of racial or ethnic origin and sex. The issue of discrimination in healthcare on the grounds of religion or belief, gender identity and sexual orientation is not specifically addressed under EU secondary law.DiscussionThe absence of regulations regarding non-discrimination in the EU secondary law in the area of healthcare may result from the division of competences between the European Union and the Member States. Reluctance of the Member States to adopt comprehensive antidiscrimination regulations leads to a situation, in which protection in access to healthcare primarily depends on national regulations.ConclusionsOur study shows that EU antidiscriminatory law with regard to access to healthcare is fragmentary. Prohibition of discrimination of the level of European binding law does not fully encompass all aspects of social diversity.
Highlights
Social diversity can affect healthcare outcomes in situations when access to healthcare is limited for specific groups
The key research question is: how are the issues of social diversity and access to healthcare regulated in the documents of the European Union (EU) institutions? In our attempt to answer this question, we have focused on the three following dimensions of diversity – a) gender identity and sexual orientation, b) race and ethnicity, and c) religion and belief – and examined how the EU regulations target the issue of access to healthcare of persons with these characteristics
The principle of equality is clearly stated among the goals of the European Union provided by the EU primary law, the treaties of the European Union do not directly address the issue of equal access to healthcare for members of minority groups
Summary
Social diversity can affect healthcare outcomes in situations when access to healthcare is limited for specific groups. With regard to medical ethics, it touches the essential principle of justice in medical care [3] In this context, legal and organizational structures should guarantee equity in access to healthcare for all, including members of minority groups. When access to healthcare is limited for specific social groups, diversity of a society can have a profound impact on the provision of medical care and healthcare outcomes [8,9,10]. In this context, access to healthcare for members of diverse social groups is crucial
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