[afro-nets] Food for a thought to be enshrined in law

[Claudio Schuftan <claudio@hcmc.netnam.vn>]

Food for a thought to be enshrined in law
-----------------------------------------

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 en-
joyed 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 pub-
lic and private health sector.

5. Operationalisation of the Right-to-Health-Care by formulating
a broad timetable of activities by central and provincial gov-
ernments 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 pro-
visions to be made available for their effective operationalisa-
tion].

6. Institutionalistion of mechanisms-for-joint-monitoring at
district, provincial and national levels involving Health De-
partments and civil society representatives and including the
specifics on regularity of monitoring activities and of the pow-
ers of monitoring committees. [In parallel with this, an insti-
tutionalised 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 pa-
tients, unauthorized private practice, corruption relating to
drugs and supplies].

7. Enforceable-redressal-mechanisms to be put in place at dis-
trict, 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, Vietnam
mailto:claudio@jgmc.netnam.vn

Adapted from National Public Hearing on the Right to Health Care
organised by the National Human Right Commission & JSA (PHM In-
dia) in New Delhi, 16-17 December 2004. (courtesy of Abhay
Shukla at CEHAT, Mumbai).