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Equal access to healthcare in national legislations : how do Croatia, Germany, Poland, and Slovenia counteract discrimination in healthcare?
ID Bielińska-Kowalewska, Katarzyna (Author), ID Chowaniec, Anna (Author), ID Doričić, Robert (Author), ID Nowak, Marianne (Author), ID Orzechowski, Marcin (Author), ID Ramšak, Mojca (Author), ID Łuków, Paweł (Author), ID Muzur, Amir (Author), ID Zupanič Slavec, Zvonka (Author), ID Steger, Florian (Author)

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Abstract
Background: The aim of the study was a comparative analysis of legislative measures against discrimination in healthcare on the grounds of a) race and ethnicity, b) religion and belief, and c) gender identity and sexual orientation in Croatia, Germany, Poland and Slovenia. Methods: We conducted a search for documents in national legal databases and reviewed legal commentaries, scientific literature and official reports of equality bodies. We integrated a comparative method with text analysis and the critical interpretive approach. The documents were examined in their original languages: Croatian, German, Polish, and Slovenian. Results: All examined states prohibit discrimination and guarantee the right to healthcare on the constitutional level. However, there are significant differences among them on the statutory level, regarding both anti-discriminatory legal measures and other legislation affecting access to healthcare for groups of diverse race or ethnicity, religion or belief, sexual orientation or gender identity. Croatia and Slovenia show the most comprehensive legislation concerning nondiscrimination in healthcare in comparison to Germany and even more Poland. Except for Slovenia, explicit provisions protecting equal access for members of the above mentioned groups are insufficiently represented in healthcare legislation. Conclusions: The study identified legislative barriers to access to healthcare for persons of diverse race or ethnicity, religion or belief, sexual orientation or gender identity in Croatia, Germany, Poland and Slovenia. The discrepancies in the level of implementation of anti-discriminatory measures among these states show that there is a need for comprehensive EU-wide regulations, which would implement the principle of equal treatment in the specific context of healthcare. General anti-discrimination regulations should be strengthened by inclusion of anti-discrimination provisions directly into national legislation relating specifically to the area of healthcare.

Language:English
Keywords:healthcare access, discrimination, ethics, national legislation, Croatia, Germany, Poland, Slovenia
Work type:Article
Typology:1.01 - Original Scientific Article
Organization:MF - Faculty of Medicine
Publication status:Published
Publication version:Version of Record
Year:2022
Number of pages:11 str.
Numbering:Vol. 22, art. 100
PID:20.500.12556/RUL-187847 This link opens in a new window
UDC:614.39:39(4)
ISSN on article:1472-6963
DOI:10.1186/s12913-021-07453-6 This link opens in a new window
COBISS.SI-ID:95019779 This link opens in a new window
Publication date in RUL:15.09.2026
Views:165
Downloads:40
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Record is a part of a journal

Title:BMC health services research
Shortened title:BMC health serv. res.
Publisher:Springer Nature
ISSN:1472-6963
COBISS.SI-ID:2438932 This link opens in a new window

Licences

License:CC BY 4.0, Creative Commons Attribution 4.0 International
Link:http://creativecommons.org/licenses/by/4.0/
Description:This is the standard Creative Commons license that gives others maximum freedom to do what they want with the work as long as they credit the author.

Secondary language

Language:Slovenian
Keywords:zdravstvena oskrba, dostopnost, etika, diskriminacija, zakonodaja, Nemčija, Poljska, Hrvaška, Slovenija

Projects

Funder:Humanities in the European Research Area (HERA) Joint Research Programme
Funding programme:HERA Public Spaces Culture and Integration in Europe
Project number:Hera.2.029
Name:Healthcare as a Public Space: Social Integration and Social Diversity in the Context of Access to Healthcare in Europe
Acronym:HERA

Funder:BMBF - German Federal Ministry of Education and Research

Funder:Poland, National Science Centre
Project number:2018/28/Z/HS1/00554

Funder:Croatian Academy of Sciences and Art

Funder:Slovenian Ministry of Education, Science and Sport

Funder:EC - European Commission
Funding programme:H2020
Project number:769478
Name:HERA Joint Research Programme Public Spaces: Culture and Integration in Europe
Acronym:HERA-JRP-PS

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