Page 40 - Human Rights

Faculty of Nursing
Adult care Nursing Department

• monitoring pollution in the environment that affects health, for example access to potable water

2.5.2 Privatization

The functioning of a private sector in health care does not relieve the state of its obligations to

respect, protect and fulfil the right to health.

The Committee on Economic, Social and Cultural Rights has noted that payment for health-care

services “has to be based on the principle of equity, ensuring that these services, whether privately
or publicly provided, are affordable for all, including socially disadvantaged groups.

” The Committee also “stress[ed] the need to ensure that not only the public health sector but

also private providers of health services and facilities comply with the principle of non-

discrimination in relation to persons with disabilities”.

The Committee on the Rights of the Child (CRC) has affirmed the duty of the state to assure the
right to health where the non-state sector plays a role in health care delivery.

In General Comment 5, the CRC “emphasize[d] that States parties to the Convention have a legal

obligation to respect and ensure that the rights of children as stipulated in the Convention, which

includes the obligation to ensure that non-State service providers operate in accordance with its
provisions, thus creating indirect obligations on such actors”.

2.6 Barriers to effective care

Health care should be affordable, accessible, acceptable and of good quality.

Many governments are failing to provide health care which meets these criteria.

A number of different factors can get in the way of nurses’ commitment to the provision of

effective health care.

37 Academic Year 2025/2026