The international right to health: state obligations and private actors in the health care system.
Most health systems have historically used a mix of public and private actors for financing and delivering care. But the last 30 years have seen many rich and middle-income countries moving to privatise parts of their health care systems. This phenomenon has generated concerns, especially about equitable access to health care. This article examines what the international right to the highest attainable standard of health in Art 12 of the International Covenant on Economic, Social and Cultural Rights says about the obligations of states which use private actors in health care. The article involves a close study of the primary documents of the key institutions responsible for interpreting and promoting Art 12. From this study, the article concludes that in mixed public-private health care systems, states not only retain primary responsibility for fulfilling the right to health but are subject to a range of additional specific responsibilities.
Melbourne Law School, The University of Melbourne. obrienpl@unimelb.edu.au
Paula
P
O'Brien
D006806:Human Rights / Q000331:legislation & jurisprudence*; D006801:Humans; D038622:Internationality; D017149:Private Sector; D011635:Public Health Administration