CEDAW/C/77/D/143/2019
to ensure that women and men enjoy equal rights under the law and al so in practice,
thereby ensuring that Roma women do not face barriers in gaining access to
gynaecological services.
5.5 The authors note that Roma women continue to face barriers to access to
gynaecological services in their municipality and the gynaecolog ical facilities near
the municipality of Šuto Orizari. Since 2018, there has been a gynaecologist in the
municipality; 7 however, that has not improved access to services for Roma women,
in particular. The gynaecologist is from Albania and barely speaks Ma cedonian or the
Roma language. Thus, Roma patients experience a language barrier in their access to
high-quality health-care services. In addition, the doctor has publicly expressed her
religious beliefs that define her pro-life stance as a gynaecologist. Accordingly, she
seeks to influence women to change their decision to terminate pregnancy since
abortion is against her religious beliefs.
5.6 The authors add that, in 2019, the Initiative of Roma Women in the municipality
of Šuto Orizari documented more than 60 cases in which women were unlawfully
charged for gynaecological services that should have been provided free of charge in
accordance with the Law on Health Insurance (e.g., opening of a medical file,
ultrasound examinations, blood and urine tests, Pap test, microbiological tests). A total
of 22 individual petitions were lodged with the Ombudsperson’s Office alleging the
charging of illegal fees by the gynaecologist for her services. In most of the cases, the
Ombudsperson referred the petitioners to the State Health and Sanitary Inspectorate.
Thus far, none of the cases has been resolved. Illegal charges continue to be a
significant barrier for Roma women in gaining access to gynaecological services. 8
5.7 The authors further state that the municipality of Šuto Orizari has a local action
plan. However, health-related activities have not yet been implemented under the plan
owing to a lack of finances. The municipality has adopted a programme on the
implementation of the general measures for protection of the population against
contagious diseases for 2019, yet the authors allege that no specific measures have
been taken to improve the enjoyment by Roma women of their sexual and
reproductive health rights. 9
5.8 As a result of the systemic discrimination against Roma women and the ongoing
indifferent attitude of institutions regarding the lack of available, accessible and
affordable gynaecological services, the authors have chosen to enrol as patients of the
outpatient clinic’s gynaecologist in their municipality of Šuto Orizari. It is the best
option for them with regard to physical accessibility as it is near their homes.
However, the illegal charges for health-care services that should be provided free of
charge to pregnant women represent an additional barrier in their attempts to regularly
monitor their sexual and reproductive health and receive health information in a
language that they understand.
5.9 In the light of such considerations, the authors invite the Committee to conclude
that there has been a violation of their rights under articles 1, 2 and 12 of the
Convention and to grant them pecuniary damages for the court and attorney’s fees
__________________
7
8
9
6/10
Previously, there had been no gynaecologist in the neighbourhood for a decade since no one
wished to work there.
The Health Education and Research Association and the Initiative of Roma Women in the
municipality of Šuto Orizari.
Counsel provides the response of the municipality of Šuto Orizari to the request of the Initiative
of Roma Women in the municipality for free access to public information. The five gene ral
measures currently being implemented are the provision of safe drinking water, the disposal of
wastewater, the provision of sanitary-technical and hygienic conditions in public premises,
regular health controls and vaccinations, and preventive disinfec tion and pest control in public
spaces and the sewage system.
20-16465