Deaf woman is denied service via WhatsApp and needs to cite the law to get an appointment: ‘I felt diminished’ | Social media

A post made waves on social media showing the difficulty faced by a woman with severe hearing loss when trying to schedule a doctor’s appointment. Even after stating that she could not speak on the phone, she was informed that the appointment could only be made this way. The situation was only resolved after the patient highlighted that the posture violated the Brazilian Law for Persons with Disabilities.

Prints of the conversation were shared on Instagram by a friend of the woman this Wednesday (24/4). Reposted by another profile on the platform https://twitter.com/isadosilencio/status/1783321851604672965, the report reached more than 700 thousand views. In an interview with PEGN, the woman, who did not want to be identified, explained that this was the first time she had contact with the clinic in question, but that difficulties are frequent.

“I looked a lot until I found a professional with WhatsApp for scheduling, mainly because it was through the health insurance plan and not private,” he says. “Every time [esse tipo de situação] happens, I am overcome by some different kind of emotion. This time, I was angry and feeling diminished. I felt a tone of disdain,” she reports.

The woman points out that, after sending a message about the legal aspect of the situation, the clinic took a few minutes to send an available time.

The Brazilian Law on the Inclusion of Persons with Disabilities (Statute of Persons with Disabilities) – Law No. 13,146/2015 –, cited by the patient, aims to “ensure and promote, under conditions of equality, the exercise of fundamental rights and freedoms by a person with disabilities, aiming at their social inclusion and citizenship”.

Contacted by PEGN, Clínica Médica Santa Luzia, located in Ribeirão Preto (SP) and responsible for the service, stated only that the patient “is already scheduled” and that the situation “has already been resolved”.

Accessibility in practice

Carolina Videira, researcher in Violence and Prejudice at FEUSP, master’s degree in Behavioral Neuroscience at UNIFESP and postgraduate student in Management of Practical and Inclusive Differences, emphasizes that companies and organizations have a duty to act towards the inclusion of people with disabilities, as is the case of the deaf community.

“When we look at the universe of diversity and inclusion within companies, we are talking about innovation and growth strategies, because only then will a company have sustainable organizational growth. [Empresas inclusivas atuam diretamente] in promoting social justice and ESG practices [sigla em inglês para Social, Ambiental e Governança]”, explains Videira.

According to Videira, companies that are not concerned with building safe spaces to meet the wide diversity present in Brazil, whether physically or virtually, may suffer negative economic and reputational impacts. “We have to talk about accessibility, as all places need to be accessible to all people”, he highlights.

The expert says that organizations must apply specific training techniques to employees responsible for customer service, so that the public does not suffer cases of ableism and social discrimination.

“In the case of deafness, [as empresas] They have to train employees, from the Brazilian Sign Language (LIBRAS), basic notions of non-verbal communication and lip reading, to how to use assisted technologies that are available to communicate with these people. This is not only to facilitate communication, but also out of consideration and respect that customers deserve. We need to educate people about diversity”, he reinforces.

Felipe de Barros Lima, a lawyer in the Consumer Law area at Silveiro Advogados, highlights that articles 1 and 5 of the Federal Constitution guarantee the right to human dignity and equality among all. The Consumer Protection Code (CDC) provides that consumers do not suffer any discriminatory treatment, whether in advertising or in the eventual refusal to supply products or services.

“In this specific case, for example, the supplier’s refusal [clínica médica] to carry out scheduling in that way [via WhatsApp] could be considered a type of discriminatory treatment. Then there would be the possibility of the consumer demanding compliance with the legislation as possible compensation for any damages suffered”, he states.