Fundamental Rights Section
criminatory by people concerned and may have the effect that people do not go to the doctor's, because they do not want to disclose their financial situation.
Also the President of the Austrian Medical Association, Dr. Reiner Brettenthaler, speaks of
'social harm' inflicted upon social assistance recipients in the medical sector. This 'insensitive' approach tends to make access to medical services more difficult for a large group of
approximately 20000 persons, who, in addition, have increased medical needs, as experience has shown. As a result, there is a risk that people are afraid of being looked down on
because of their social status. It might, however, also be that shame and the fear of entering the doctor's office could keep them from going to the doctor's, which would run counter
to the idea of solidarity (see press release of August 29, 2005 of the President of the Austrian Medical Association, Dr. Reiner Brettenthaler, on the homepage of the Austrian Medical Association).
Pursuant to Art. 14 ECHR the enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as, in particular, social
origin, property or other status. Likewise, Art. 21 of the Charter of Fundamental Rights prohibits, inter alia, discrimination on the ground of social origin.
In the opinion of the Ombudsman Board, there is no objective reason why social assistance
recipients (and recipients of emergency assistance) are treated differently from other benefit recipients and why these persons are exposed to a humiliating situation and forced to
disclose personal information. Also the different ways of funding the medical expenses provide no justification for this different treatment. The refusal to provide e-cards to social assistance recipients and recipients of emergency assistance therefore represents a discrimination on the ground of social status.
The Ombudsman Board therefore suggested to immediately abolish the yellow health insurance vouchers for social assistance recipients and to provide e-cards to this group of
individuals like to all other benefit recipients.
In its opinion dated January 27, 2006, the Vienna City Administration Head Office informed
the Ombudsman Board that negotiations were being conducted with the Main Association
of Austrian Social Insurers and that a positive outcome of these negotiations was of great
importance also to the City Administration of Vienna.
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