The first UN decision establishing unequal access and discrimination
by a gynecologist in Macedonia, based on ethnicity
On December 2, the United Nations (UN) Committee on the Elimination of All Forms of Discrimination against Women found a violation of the right to equal treatment and discrimination by two women from Suto Orizari who were barred from receiving gynecological services. After a five-year battle, the UN has identified the injustice and made a series of recommendations to the state for structural changes and the eradication of harmful practices in accessing gynecological services for Roma women.
In September 2016, S.B. and MB filed a lawsuit with the Basic Court in Skopje against a private gynecological practice in Skopje after in 2015 they were refused to choose a gynecologist as their family doctor and to exercise their right to health care, with an explanation by the nurse that the practice more does not accept young patients. The two women asked the Court to find that they had been discriminated against on the grounds of ethnicity and that their right to equal treatment for the protection of reproductive health had been violated. At the same time, in 2015, on the same days, women from the Macedonian ethnic community also submitted a request for selection of a family gynecologist and were immediately admitted and examined.
The Basic Court Skopje rejected the lawsuit for discrimination of SB and MB as unfounded. The verdict was appealed to the Court of Appeals, which upheld the first-instance decision that there was no discrimination in this case. Following the exhaustion of national remedies, in 2019 the Suto Orizari Women's Initiative, with the support of HERA and the Helsinki Committee for Human Rights, filed an individual complaint of discrimination against the two Roma women with the Committee on the Elimination of All Forms of Discrimination against Women in .
At its 77th session, the Committee found a violation of the rights of the two Roma women guaranteed under Articles 1, 2 and 12 of the Convention, ie a violation of their rights and discrimination in access to sexual and reproductive health services. In particular, the Committee found that the State had not ensured a) the practical realization of the principle of non-discrimination in access to reproductive health services, b) effective protection against discrimination against women within the judicial system and c) appropriate measures to eliminate discrimination against these women performed by the involved persons, ie the private gynecological practice.
This decision of the Committee is the first such decision against our country, which is especially important because it clearly recognizes the discrimination against Roma women and the need for available health care related to their sexual and reproductive health. The Committee also points out the failure of the state to take specific measures, the need to raise the awareness of judges about discrimination, as well as the legal aspects of the burden of proof.
In accordance with some of the recommendations made by the Committee for the Elimination of All Forms of Discrimination against Women, the Women's Initiative Suto Orizari requests:
- The state to compensate women for the material and moral damage suffered from unequal access to regular gynecological services;
- The Ministry of Health in the future to provide free health services for the reproductive health of Roma women who are victims of discrimination and inhuman treatment;
- As soon as possible to start working the new gynecological practice in the municipality of Suto Orizari announced by the Ministry of Health, which is still not in operation;
- The Ministry of Health to organize trainings for health professionals, especially for gynecologists, regarding discrimination against Roma and their specific needs as part of continuing medical education;
- The Government of the Republic of Northern Macedonia to publicly announce the decision and recommendations of the Committee in order to inform all sectors in society.
Additionally, the Suto Orizari Women's Initiative, with the support of HERA and the Helsinki Committee for Human Rights, will request a retrial in order to restore the dignity and honor of Romani women.
