Page 171 - Human Rights
P. 171
Faculty of Nursing
Adult care Nursing Department
Therefore, public accountability is a driver for a compliance strategy.
As such, compliance should not be underestimated as a dissuasion tool for condemnable practices,
even less should it be a type of soft regulation.
Within a framework of supervision, the power of prevention and early intervention, as in other
areas of social and economic activity, plays an important role in the regulatory system.
However, compliance as a regulatory strategy is much more effective if the operators provide the
required information publicly.
Therefore, it may not be necessary to resort to more aggressive sanction mechanisms and
practices (deterrence).
The deterrence model is specifically intended for providers that are predisposed to doing
everything in their power to achieve their goals.
The structural reform of the healthcare system contributed to a highly competitive environment
with considerable financial investments and progressively low profit margins (Boyne et al. 2003).
With the opening of the public healthcare system to private providers (for-profit and not-for-
profit) and the corporatization of hospitals and primary care, the competition within the health
market may generate dysfunctions that will clearly need to be regulated.
Moreover, it is likely that in these cases, public accountability can be manipulated according to
the interests of healthcare providers.
The ideal regulatory strategy seeks to integrate both perspectives.
A third model aims to strike a systematic balance between compliance and deterrence.
This combined model is called responsive regulation (Ayres and Braithwaite 1992).
149 Academic Year 2025/2026

