CEDAW/C/77/D/143/2019 well as its root causes and harmful effects, especially on ethnic minority women, and of the reversed burden of proof falling on the defendant. 4 It had neglected the defendant’s discriminatory statements that she did not want to admit “that kind of people” into her practice and that “the patient had a pungent smell, smelled like a sewer”. It had underestimated the emotional trauma and ignored the psychological suffering of the authors owing to the refusal, while other women from the majority ethnic background had received gynaecological services immediately. It had also disregarded the statements of the control subjects who had experienced different, quite opposite, treatment to that reserved for the authors. The court had also disregarded the poor financial situation of the authors, who needed access to gynaecological services close to their area of residence in order to reduce travel expenses. The court’s decision lacked motives and an analysis of the statements of the victims and the situation that they were facing; its reasoning was based solely on the defendant’s statements. State party’s observations on admissibility and the merits 4.1 The State party provided its observations in a note verbale dated 22 August 2019. It submits that, in 2019, the Ministry of Labour and Social Policy, in cooperation with civil society organizations and the national coordinating body on non-discrimination, following the implementation of the laws, secondary legislation and strategic documents on non-discrimination, started providing basic training on non-discrimination and against hate speech. The training includes a presentation on the provisions of the new Law on Prevention of and Protection against Discrimination of 2019 and is designed for all national institutions and municipalities. In 2019, the recipients of the training included employees of the inspectorates, the State Labour Inspectorate and the Employment Agency, judges, lawyers, trade unions and all social work centres. Funds have been secured to continue the training activities until 2021. In 2020, the training programme is also to be delivered to health -care professionals. 4.2 The State party refers to the Constitution, submitting that “every citizen shall be guaranteed the right to health care” and “citizens shall have the right and duty to protect and promote their own health and the health of others”. Furthermore, the State party provides an overview of the legal framework on prevention of and protection against discrimination and the laws related to health protection and patients’ rights, notably referring to the Law on Health Care 5 and the Law on the Protection of Patients’ Rights. 6 It maintains that patients are entitled to exercise the rights granted by those laws or by a ratified international treaty without discrimination on the grounds of sex, race, skin colour, language, religion, political or any other opinion, national origin or social background, affiliation with an ethnic minority, material status, sexual orientation or any other status. 4.3 The State party affirms that discrimination is prohibited in the provision of health care and that the personality and dignity of every patient must be respected. The patient has the right to care, treatment and rehabilitation in accordance with his or her individual needs and capabilities and the right to improve his or her health, with a view to achieving the highest possible personal level of health. The patient has the right to personal security during his or her stay at a health institution. In order to __________________ 4 5 6 4/10 The authors explain that victims of discrimination have the right to seek court protection in a civil procedure, in which they can submit all the facts and evidence that justify their claim by establishing a prima facie case of discrimination, while the burden of proof that no discrimination has occurred falls on the defendant during the proceedings (art. 38 of the Law on Prevention of and Protection against Discrimination of 2010). With regard to the health-care principles enshrined in the Law, the State party quotes article 4 on human rights and values in health care and article 9 on the principle of fairness. The State party refers to the safeguards to protect patients’ rights based on the principle of humanity and the principle of availability of health -care services. 20-16465