The rights of LGBT patients (and thus lesbian, gay, bisexual and transgender people) are often violated, and discrimination against homosexual, bisexual and transgender people in he alth care is a fact. It takes many forms. From offensive comments or jokes, through persuasion to treat homosexuality or transgenderism, to denial of benefits. Find out about the rights of LGBT people in he alth care and what a non-heterosexual person can do when faced with discrimination.
The rights of the LGBT patientare still little known not only in society, but also among non-heterosexual people in particular. It is therefore worth mentioning at the outset that these rights are no different from those that apply to all he alth care users. The annual number of complaints filed with the Office of the Ombudsman for Patients 'Rights is approximately 70,000, and among them, by 2022, there was not a single one that directly concerns violations of patients' rights in relation to LGBT persons. However, the absence of complaints does not prove that the problem of discrimination in the he alth sector does not exist. This is indicated by research conducted, among others by the Human Rights Defender and the Campaign Against Homophobia, according to which over 11% of people who informed a doctor about their non-heterosexual orientation experienced discrimination.
What are the most common LGBT patient rights?
Violations of patients' rights in relation to LGBT persons most often occur in the field of the right to information, the right to dignity and intimacy, the right to respect for family life and the right to consent to the provision of he alth services.
1. Right to information
The right to information is violated by refusing to provide information about the patient's he alth to a partner of the same sex.According to Polish law, anyone can be authorized to receive information about their he alth condition - a parent, husband, neighbor, informal partner, also of the same sex.In the case of unconscious patients, the provisions of the Patient Rights Act apply and the Patient's Rights Ombudsman, where we can find the definition of a "close person". As we read, such a person can be a spouse, relative or related to the second degree in a straight line, a representativestatutory, cohabiting person or a person indicated by the patient. Without a doubt, a "close person" can also be a same-sex partner.
The form by which an LGBT patient can report a violation of their rights can be found at this link.
This has been confirmed by the judgment of the European Court of Human Rights. Moreover, in the Code of Medical Ethics (Article 16 (2)) we find an additional explanation: "In the case of an unconscious patient, the doctor may provide the necessary information to the patient, for whom he is convinced that he is acting in the patient's interest."
2. Right to dignity and privacy
Violations of the rights of LGBT patients in this area, as indicated by research, most often occur through offensive comments, inquisitive questions about private and sexual life, and through the refusal of a loved one to participate in the provision of services. Commenting by medical staff takes the form of associations with pedophilia, jokes, expressing personal opinions that directly concern patients.
3. The right to respect for family and private life
Refusal or obstruction of visiting a patient hospitalized by a same-sex partner is the most common barrier faced by LGBT patients in this regard. It sometimes happens that medical personnel refer to the internal hospital regulations or directly to the Act on Patients' Rights, making it difficult for patients to contact their relatives.
ImportantReactions to which LGBT patients are exposed:
- offensive comments,
- intrusive and inquisitive questions,
- degrading treatment,
- denial of benefits,
- assign HIV infection,
- identifying with pedophilia.
In the aforementioned study "The situation of LGBT people in Poland" we can find an example of a 25-year-old man whose dentist asked to leave his doctor's office after he found out that the patient was gay. He asked about it himself. This is not the only example. Another 29-year-old told his doctor that "people like him have hospitals and their doctors." The excessive and unjustified inquisitiveness of doctors is also a significant obstacle for patients. A 34-year-old lesbian heard from a doctor when registering at a blood donation center that her homosexuality was the result of never having tried sex with a man.
In psychiatric and psychotherapeutic practice, there are cases of persuading or even referring non-heterosexual patients to "treatment of homosexuality". It is, among others, the story of a young gay zŁódź, who during one of his visits to a dermatologist was persuaded to try "treatment", because not everything is lost yet and may become normal.
Difficulties faced by LGBT people also occur while in hospital. A common problem is making it difficult or even impossible for a partner of the same sex to visit, while similar restrictions do not apply to other patients in the ward. A 24-year-old from Warsaw faced such treatment. Ward staff claimed that her girlfriend was not allowed to visit her. The matter was resolved only after the intervention of the patient's mother.
What are the sources of discrimination against LGBT patients?
Discrimination against LGBT patients by he althcare professionals stems from a lack of knowledge and from stereotypes and prejudices throughout society. An additional factor is the pathologization of topics related to non-heterosexual orientation in medical studies.
Thanks to the research of the Fundamental Rights Agency and the Campaign Against Homophobia, we know that Polish medical universities mention homosexuality only in the context of sexual or psychiatric pathologies.
Research by Dr. Agnieszka Żok from the Medical University of Poznań has shown that 6 out of 10 medical students consider it possible to "treat homosexuality". With this level of education, there is no way that medical personnel in Poland will professionally care for patients, including non-heterosexual patients. It is worth adding that doctors' self-esteem in terms of knowledge about homosexuality is very high. Doctors also believe that information about sexual orientation is only relevant for sexually transmitted infections.
The answer to the question "What, then, is the difference between the he alth of non-heterosexual patients and that of the general public?" found, inter alia, two independent organizations: the American Gay and Lesbian Medical Association and the Centers for Disease Control and Prevention point out that the he alth needs of the LGBT population may differ from those of the heterosexual population. This does not mean that differences will be observed in every case, but only the fact that their more noticeable presence in non-heterosexual people should determine the special attention of medical staff to some of them. Such problems include:
- some neoplastic diseases (breast cancer and cervical cancer in women, prostate cancer and anal cancer in men);
- infectious diseases;
- sexually transmitted diseases;
- mental he alth andaddictions;
- gynecological and urological diseases;
- cardiovascular diseases;
- obesity problems;
- social isolation.
Violation of LGBT patient rights: where to seek help?
First of all, it is worth taking care of your comfort during a medical visit. If the situation does not require it, it is better to react after leaving the office. The most convenient and effective way to do this is to submit a complaint to the appropriate institutions, i.e. the Patient Ombudsman, the Human Rights Defender or the Professional Liability Officer of the Regional Medical Chamber, and directly to the head of the facility where we were discriminated against.
In any matter concerning the rights of LGBT patients, you can contact the Campaign Against Homophobia: [email protected]. The assistance offered by KPH is free of charge.
This can be done completely free of charge by sending a complaint by letter, e-mail or reporting it over the phone. The complaint should contain:
- name and surname,
- contact details,
- information about the place of the event,
- event description.
A decision about a patient's rights violation may be the basis for seeking redress. The educational value of each complaint is also invaluable, both for patient rights institutions and he althcare professionals.
What is the risk of a doctor who treats LGBT patients inappropriately?
A doctor who violates the rights of an LGBT patient may be punished with a reprimand, reprimand, suspension of the right to practice for a period from 6 months to 3 years or disqualification from practicing without the possibility of applying for re-entry on the list of doctors. However, practice shows that doctors who discriminate against patients most often receive reprimands or financial pen alties.