One of Victoria’s largest hospitals will change its policy on female-only care after a Muslim patient wearing a full-length niqab complained of discrimination during an antenatal visit at one of its clinics.
For Ziarata Zia, the niqab she wears – which reveals only her eyes, hands and feet – is central to her Muslim faith.
Ms Zia, who moved from Afghanistan to Melbourne in 2010, believes it is a sin to be seen without it or be touched by a man other than her husband or immediate family, except in an emergency.
Two years ago, a significant conflict arose during Ms Zia’s antenatal consultation at a Monash clinic because she requested a female doctor. Afterwards she lodged a discrimination complaint at the Victorian Civil and Administrative Tribunal.
With advice from Victoria Legal Aid, Ms Zia resolved the matter before the hearing and was involved in a review of the hospital’s policies by the Victorian Equal Opportunity and Human Rights Commission.
The commission found that the hospital’s policy told pregnant patients who wanted to see a female midwife or doctor “for cultural or personal reasons” that this was not possible at Monash Health, and they should consider “other options of care”.
This created an expectation that requests for female-only care would not be accommodated for any patient, regardless of their circumstances, the review found.
Monash Health will changes its policies to give priority to requests from women for a female doctor because of religious beliefs, cultural concerns or past trauma.
Same-gender care could also be relevant to men, the commission noted.
Providing healthcare professionals of the same gender to patients when requested can mean vulnerable people get the medical help they need, Victoria Legal Aid lawyer Melanie Schleiger said.
“The commission’s report sets a clear benchmark for health services in terms of a patient’s right to be treated fairly – it’s incredibly significant.”
The new policy will benefit people who have experienced torture, family violence and sexual abuse, she said.
In a statement, Ms Zia, who does not speak English, said she was no longer scared to ask for a female doctor.
“I’m relieved other women won’t have to have the same experience I had,” she said.
“Healthcare is really important to me and my family but so are my religious beliefs. I don’t want to be forced to choose between them.”
Some Muslim and Orthodox Jewish people require same-gender care because of their religious beliefs, while Aboriginal people and others may need it for cultural reasons.
Patients who have experienced trauma such as torture, family violence or sexual assault could request it because of their particular experiences of violence.
Ms Schleiger said it would be “prudent” for other hospitals to take note of the commission’s findings, and be flexible with patient in particular circumstances.
Monash Women’s director Professor Euan Wallace said Monash Health was “privileged” to provide health care to a culturally diverse population that had changed significantly in recent years.
Staff tried to accommodate requests for same gender care whenever possible, but it could not guarantee a carer of a particular gender for every appointment, examination or procedure, he said.
For example, if it is an emergency and a patient needs urgent medical attention, they will be treated by the available doctors who could be male or female.
Patients could choose to have another person, such as a relative or friend, attend with them, he said.