GAYLES.TV.- The Jiménez Díaz Foundation and the Regional Ministry of Health of the Community of Madrid have been condemned to compensate with almost 5000 € to Tania and Verónica, (the names are fictitious to preserve anonymity) a lesbian couple, after demonstrating that they had been discriminated against in accessing assisted reproduction treatment due to their sexual orientation.
In fact one of the complainants had already started fertilization treatment in April of 2014 and had followed it during 6 months, but the health center decided to suspend it before the entry into force of a ministerial order that limits the access to this type of procedures to women with infertility problems and that it was approved in the period in which Ana Mato she was a minister of health. De facto that order excludes single women, lesbians or transsexuals because it marks as a condition that the woman requesting treatment must have had sexual intercourse with vaginal intercourse for a minimum of 12 months without the use of conceptual methods, which obviously obliges maintain relationships with a man.
It seems obvious that the norm is in flagrant contradiction with any type of legislation in force that protects the rights not only of the lesbians but of any woman who wants to accede to the motherhood and that for whatever reasons it does not maintain continuous relations with a male. That is to say, the norm is retrograde, macho, LGTB phobic and we would dare to say that it borders on unconstitutionality.
El Court number 18 of Madrid, taking into account all these issues, has considered that both Fundación Jiménez Díaz and the Ministry that arranged the coverage of this contingency with the Foundation, are responsible for the non-compliance of the 14 / 2006 law on assisted human reproduction techniques which establishes the right to the same regardless of sexual orientation, also explaining that the norms of lower rank, as in this case the ministerial order of Ana Mato, can not go against the general law.
Although the treatment was reinstated after the claim was filed, the judgment concludes that there have been property and moral damages and that they must be compensated for "violation of the principle of discrimination based on sexual orientation" since the plaintiff "had the right to remain subject to to treatment by direct application of the law. "
A victory for Tania and Veronica, but especially for all women, lesbians or not, who want to access a right as basic as that of motherhood. Tania, Veronica, thank you on behalf of all of them.
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