PHA-Exchange> Food for a thought to be enshrined in law

[Claudio]

Human Rights Reader 98

 

A Primer for a National Action Plan to Operationalise the Right to Health Care (within the broader framework of the Right to Health).   Part 1 of 3

Objectives for a national action plan (mostly for duty-bearers at different levels, but also for claim-holders)
 

1. Explicit recognition of the Right-to-Health-Care to be enjoyed by all citizens. (Recognised by all concerned parties, i.e., central and provincial governments, HR commission, civil society, citizenry and all  health sector staff.  

 

2. Definition of an Essential-Health-Services-and-Supplies-Package whose timely and full delivery is to be assured as a right at the different levels of the public health system. 

 

3. Definition of the Citizens'-Health-Rights-related-to-the-private-health-sector including a Charter-of-Patients'-Rights.

 

4. Legal enshrinement of the Right-to-Health-Care by enacting a Health Services Act, that includes Public-Health-Services-Rules and Clinical-Establishment-Regulations to regulate both the public and private health sector.

 

5. Operationalisation of the Right-to-Health-Care by formulating a broad timetable of activities by central and provincial governments consisting of the essential steps required to ensure availability of and access to quality health services by all citizens (this, necessary to operationalise the Right to Health Care). [This may include a basic set of Health Sector Reform measures indispensable for a universal and equitable access to quality health care, and guidelines regarding the budgetary provisions to be made available for their effective operationalisation].

 

6. Institutionalistion of mechanisms-for-joint-monitoring at district, provincial and national levels involving Health Departments and civil society representatives and including the specifics on regularity of monitoring activities and of the powers of monitoring committees. [In parallel with this, an institutionalised space needs to be created for regular civil society inputs towards a more consultative planning process; measures taken should also be combined with vigilance mechanisms to take prompt action regarding, for example, illegal charging of patients, unauthorized private practice, corruption relating to drugs and supplies].

 

7. Enforceable-redressal-mechanisms to be put in place at district, provincial and national levels to address all complaints of denial-of or abuses-in the provision of health care.

(contd)

 

Claudio Schuftan,  Ho Chi Minh City

claudio at jgmc.netnam.vn

 

Adapted from National Public Hearing on the Right to Health Care

organised by the National Human Right Commission & JSA (PHM India) in New Delhi, 16-17 December 2004. (courtesy of Abhay Shukla at CEHAT, Mumbai).
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