A video has been posted on the social media and is now circulating widely since a few days, it shows an emergency case in the operating room in an unknown medial institution in Morocco during which the paramedics (EMS) documented it; the video shows how the paramedics team ridiculed the patient’s dignity, based on their own personal judgment and hints that the patient is an homosexual, subjecting him to humiliation and degradation. Taking into consideration that it is clearly a flagrant violation of international covenants and conventions prohibiting all forms of discrimination, (articles. 1, 2 and 12) of the ‘UDHR’ Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights (article 2) and (article 12). The covenant recognizes the right of everyone to enjoy the highest level attainable of physical and mental health. The Committee on Economic, Social and Cultural Rights has noted that the covenant prohibits any discrimination making access to healthcare and to basic health facilities, as well as to means and rights to access to those facilities impossible because of non-socially confirming sexual orientation and / or gender identities expressions.
The Moroccan Constitution, in its preamble, which is an integral part of it, engages to: “ban and fight all forms of discrimination on the basis of sex, color, belief, culture, social or regional affiliation, language, disability or any other personal status, whatever the case may be.”
As per the Moroccan Penal Code in article 431-1 states: “Discrimination is when the distinction is made amongst individuals on the basis of national origin, social origin, color, sex, family status, health status, disability, political opinion, union/ syndical affiliation, true or false affiliation or assumed affiliation to any race, nation, descent or religion. “In which considered in other chapters / articles of the MPC (Moroccan penal code) as a crime.
Taking into consideration also, the deontology of the medical profession as stated in the Hippocratic Oath which prohibits all forms of discrimination and urges the preservation and protection of the privacy of the patient and the confidentiality of the medical and social data of the patient and not to defame the patient that should strongly condemn this crime conducted by the paramedics team.
For all the above reasons as we emphasize the following:
1. Treat all individuals equally; in order to enjoy the right to the highest attainable level of physical and mental health without discrimination on any ground.
2. Open an immediate and serious investigation and follow-up legally on the team of paramedics who have performed this horrifying discrimination scene.
3. Open an immediate serious investigation into the sources behind the infiltration and dissemination of this video and commence a legal follow-up over all those who contributed to its re-publishing and to the defamation of the patient.
4. Amend the article 431-1 of the Moroccan Penal Code through the inclusion of the discrimination based on sexual orientation, identities and expressions of gender.
5. Repeal chapters 483, 489 and 490 from the Moroccan Penal Code, which we affirm are discriminatory, and perpetuate hostility and discrimination, whether institutional or socio-cultural, towards persons with sexual orientation and / or gender identities and expressions that are non socially conformed to the norm; and also limit and prevent them the access to health facilities.
– ASWAT collective against discrimination based on sexuality and gender.
– Akalyat against criminalization and discrimination against sexual minorities.
– Transgender and all other gender pluralism and diversity dynamics
– Network of LGBTIQ+ friendly Doctors in Morocco.
– Collective Tilila