KARLSRUHE (dpa-AFX) – Using the example of a blind patient, the Federal Court of Justice (BGH) will deal with possible discrimination in the healthcare system on Thursday (May 7th). The German Association of the Blind and Visually Impaired (DBSV) and the independent Federal Commissioner for Anti-Discrimination, Ferda Ataman, hope for a verdict that goes beyond the individual case – with a signal effect for the entire industry. It’s about whether the General Equal Treatment Act (AGG) can be applied there.
The AGG is the German federal law against discrimination. It has been in force since 2006 and is intended to protect people from discrimination based on their ethnic origin, age, gender, disabilities, religion or sexual identity. The ban on discrimination applies, for example, to employment relationships or when looking for accommodation. It is still controversial whether it can also be used in the healthcare system.
Rehabilitation denied solely because of blindness?
In this specific case, a rehabilitation clinic in northern Hesse refused to admit the woman from the Lippe district in North Rhine-Westphalia after an operation. According to the DBSV, the manager sent her back to the hospital. According to the BGH, the patient claims that the clinic refused rehabilitation solely because of her blindness. She sued for this – but was unsuccessful in the lower courts, most recently at the Kassel regional court.
“If the Federal Court of Justice overturns the ruling of the lower court, it will have extensive consequences, because it would make it clear that the AGG can be applied to medical treatment contracts,” said the lawyer for the plaintiff from the lower courts, Michael Richter. This would not only help people with disabilities get their rights, but also people who are discriminated against in the healthcare system for other reasons.
Disadvantages are widespread in hospitals or doctor’s offices
According to Federal Commissioner Ataman, discrimination is widespread in the health sector. “According to surveys, one in four respondents has experienced discrimination in the hospital or doctor’s office.” If the Federal Court of Justice confirms that the AGG also applies there, it would be “a groundbreaking decision for protection against discrimination in Germany – and for many millions of people who rely on the healthcare system.”
If the court denies the application, the legislature will be asked to create appropriate regulations to protect against discrimination in the health sector, demands Ataman.
On Thursday, Germany’s highest civil court will hear oral arguments in Karlsruhe. It is unclear whether the Senate will then make a judgment./jml/kre/DP/zb
