CAREGIVERS’ PERCEPTION OF SOME REQUESTS FROM MUSLIM FEMALE PATIENTS IN BELGIAN HOSPITALS

Abstract

We start from a situation in which the patient is a woman, and the discriminatory demand is based on precepts of the Muslim religion. We analyze two situations in Belgian hospitals where the female caregiver disagrees with a pregnant Muslim patient’s refusal of treatment. We then consider the caregiver’s perception of the discrimination against them by the Muslim female patient. First, we show that the patient’s claim to autonomy cannot justify a discriminatory demand against the caregiver. Second, the gender identity of the patient and caregiver is mentioned to ensure that the parameters of the situation are understood, but it is not possible to generalize on the basis of these facts. Third, the submission of women to men advocated by a religion supposedly justifies the man making decisions on behalf of the woman and ordains that she be treated only by another woman. Accepting this discrimination against male caregivers reinforces the discrimination that women generally suffer. No “reasonable accommodation” can justify such a dynamic, which is contrary to human rights. Fourth, the caregiver must nevertheless cultivate cultural and religious sensitivity. This does not mean that they must disclose their convictions or place, a priori, a patient in a given category. In conclusion, the caregiver’s perception is a good indicator of how well a cultural or religious practice respects human rights in a pluralistic and democratic context.