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good governance practices for the protection of human rights

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Importantly, <strong>the</strong> practice <strong>of</strong> social audits raised awareness among civil society,<br />

politicians and <strong>the</strong> public <strong>of</strong> <strong>the</strong> link between corruption, <strong>the</strong> right to know and<br />

<strong>the</strong> right to a livelihood. A national grass-roots movement triggered broad debate<br />

and a nationwide demand <strong>for</strong> <strong>the</strong> public’s right to scrutinize <strong>of</strong>ficial records,<br />

which contributed to <strong>the</strong> adoption <strong>of</strong> right-to-in<strong>for</strong>mation legislation in nine<br />

States and <strong>of</strong> <strong>the</strong> 2005 Right to In<strong>for</strong>mation Act, which applies to all Indian<br />

States. This bill governs <strong>the</strong> public’s access to in<strong>for</strong>mation and prescribes<br />

penalties <strong>for</strong> State <strong>of</strong>ficials failing to provide it.<br />

However, activists recognize that transparency is only one step towards ensuring<br />

that <strong>the</strong> poor can have a meaningful influence on decision-making processes and<br />

development policies. In addition to guaranteeing <strong>the</strong> right to in<strong>for</strong>mation, it is<br />

crucial that people are consulted on how <strong>the</strong>y should be governed. This requires<br />

continued engagement and winning <strong>the</strong> right to participation in policy <strong>for</strong>mulation<br />

as well as implementation.<br />

D. Combating bribery in <strong>the</strong> public health sector – Poland<br />

Issue<br />

Corruption in <strong>the</strong> health-care sector results from a number <strong>of</strong> factors, including<br />

<strong>the</strong> lack <strong>of</strong> clear standards <strong>for</strong> evaluating <strong>the</strong> per<strong>for</strong>mance <strong>of</strong> providers, <strong>the</strong> lack <strong>of</strong><br />

effective oversight and <strong>the</strong> absence <strong>of</strong> monitoring. In Poland, bribery is common<br />

in <strong>the</strong> medical and health-care system. In <strong>the</strong> late 1990s, a number <strong>of</strong> high-pr<strong>of</strong>ile<br />

reports by Poland’s highest auditing body—<strong>the</strong> Supreme Chamber <strong>of</strong> Control—and<br />

<strong>the</strong> World Bank discussed <strong>the</strong> prevalence <strong>of</strong> corruption in <strong>the</strong> health-care sector.<br />

Surveys conducted by <strong>the</strong> Batory Foundation also indicated <strong>the</strong> extent <strong>of</strong> <strong>the</strong> problem.<br />

According to a 2001 survey, medical doctors were perceived to be <strong>the</strong> most<br />

corrupt pr<strong>of</strong>essional group and, in 2003, <strong>the</strong> health sector was perceived to be <strong>the</strong><br />

second most corrupt sector and 61 per cent <strong>of</strong> patients admitted <strong>of</strong>fering bribes to<br />

doctors. The low salaries <strong>of</strong> health pr<strong>of</strong>essionals combined with a lack <strong>of</strong> ethics<br />

training, a non-transparent system <strong>of</strong> financing by <strong>the</strong> National Health Services and<br />

underfunded clinics create a fertile ground <strong>for</strong> bribery.<br />

The prevalence <strong>of</strong> bribery in <strong>the</strong> public health sector results in <strong>practices</strong> that violate<br />

<strong>the</strong> right <strong>of</strong> every person to <strong>the</strong> enjoyment <strong>of</strong> <strong>the</strong> highest attainable standard<br />

<strong>of</strong> physical and mental health. Bribery creates discrimination in <strong>the</strong> access to<br />

medical care in favour <strong>of</strong> those patients able to pay bribes.<br />

Response<br />

The prevalence <strong>of</strong> corruption in <strong>the</strong> public health sector needed to be addressed<br />

through a number <strong>of</strong> methods. In addition to appropriate legislation <strong>for</strong>bidding bribery<br />

in <strong>the</strong> health sector, society’s recognition <strong>of</strong> <strong>the</strong> problem was essential as was<br />

<strong>the</strong> <strong>for</strong>mation <strong>of</strong> alliances among civil activists, <strong>the</strong> media and <strong>the</strong> medical pr<strong>of</strong>ession.<br />

Fur<strong>the</strong>rmore, appropriate <strong>governance</strong> mechanisms were required to inject<br />

accountability and transparency into <strong>the</strong> management <strong>of</strong> health services. In 2001,<br />

<strong>the</strong> establishment <strong>of</strong> <strong>the</strong> Medical Task Force, consisting <strong>of</strong> civil and <strong>human</strong> <strong>rights</strong><br />

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