Artikel

Vrije keuze van arts door de patiënt: ongebreidelde keuze of maatregel van positieve actie?

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Samenvatting

Today’s society is diverse, and this presents challenges in different areas of social life, including healthcare. For example, groups with a migration background have their own language and cultural and religious traditions that can affect the care they wish to receive and, more importantly, their choice of healthcare provider. The patient’s right to free choice of healthcare provider is extremely important in this regard, especially considering that healthcare is based on trust and cooperation between provider and patient. However, in some situations this right may appear to conflict with the right to equal treatment of the healthcare provider. Under Belgian law a healthcare provider can never be discriminated against by a patient, since the healthcare provider holds a position of power, granting the patient a so-called carte blanche. In this contribution an alternative interpretation is offered, which would still allow healthcare providers to invoke anti-discrimination laws, albeit with an important exception where it involves affirmative action. Granting the request of patients who belong to minority groups for a healthcare provider of their own social group (“concordant care”) might be considered as such a measure of affirmative action. Along this line of reasoning, patient requests that would result in promoting equality in and better access to healthcare should be granted, whereas patient requests that would result in the perpetuation of inequalities should not be granted.

Hoe citeren:

El Yattouti, N., (2021) “Vrije keuze van arts door de patiënt: ongebreidelde keuze of maatregel van positieve actie?”, Ethiek en Maatschappij 23(1-2), 95–119. doi: https://doi.org/10.21825/em.94644