The incident occurred at a health center in Uppsala in March 2023. A woman who, for religious reasons, wears a veil – also called hijab – over hair, neck and ears sought care for suspected hemorrhoids.
In connection with the examination, she was asked by the doctor to take off the veil. The woman was badly affected and felt uncomfortable. After a loud conflict with the doctor, she left the health center without being examined.
The Discrimination Ombudsman (DO) decided to bring an action against Region Uppsala, which is the principal of the health center. According to DO, the woman had been subjected to unlawful discrimination and harassment. The authority considered that there were no factual reasons for the doctor to ask the woman to remove her veil.
The judgment: did not act wrong
The region did not agree – and now gets right by Uppsala District Court. The verdict fell on Tuesday. The court does not think that the patient has been subjected to unlawful discrimination or harassment.
“The district court finds no reason to question that the woman has felt discomfort from the question of taking off her shawl but does not find that the issue itself means such disadvantage that is required in the Discrimination Act,” said chief counsel Louise Conradi in a statement.
Apart from the feeling of discomfort, the woman has not suffered any harm or suffered any other disadvantage, according to the district court.
– Neither has the doctor’s request in itself constituted any violation of the woman’s dignity.
According to the woman, the doctor should have said that she would take off the veil “because we live in Sweden”. The doctor, in turn, stated that she wanted to conduct a more thorough examination of the patient and therefore asked the patient to undress.
“Since this was the doctor’s professional assessment, there has been reasons to maintain and repeat this wish,” Uppsala District Court writes.
Was not due to religion
The court admits that the doctor has failed in her response when she failed to give confidence and ensure that the woman felt security before the investigation.
“However, the response has no connection with the patient’s religion and the doctor had acted in the same way both outside and inside the examination room against all patients with comparable care needs”.
After the interrupted examination, the woman received a new time with another doctor. At that visit, she was not asked to remove her shawl, writes the district court.