This paper is to tackle the issue of corruption as representing a threat to the right to health, which is being evaluated as the set of the human rights and constituting the country’s duty to guarantee, within the framework of the legal sequel in Romania of the evolution and implementations of national law and international law alike. Notwithstanding the fact that the predicament for the enjoyment of the right to health in Romania is often distorted, but deservedly attributed to the agenda of the underdeveloped social, economic and political context rooted in the socialist past of the country and extrapolated to the contemporary status of the health system, there exists a lack of a comprehensive regulatory approach towards accrediting the flaws of the public health system to corruption.
The correlation between corruption and its detrimental effect on human rights does not exhibit a striking facet, however, the erosion of human rights in countries where corruption constitutes a real and palpable problem, such as in Romania, the possible relation between the two phenomena demands a thorough scrutiny which this paper will strive to introduce and demonstrate with the aim of arriving at the conclusion that corruption does not only impact the right to health in Romania, but it does so in an evidently detrimental manner based on doctrinal analysis and normative assessments.
Table of Contents
1. Abstract
2. Introduction
2.1 The definition of human rights
2.2 The definition of corruption
4. Human rights-based approach and anti-corruption initiatives
4.1 Communism: The interlaced heritage of corruption and human rights in Romania
4.2 The approach towards corruption in Romania
4.3 The legal approach to the right to health in Romania
5. Literature review on the link between corruption and the violation of human rights
6. The methodology used for the assessment of corruption and human rights
6.1 The functioning of the Romanian Public Health System
7. The oblivious proclivity towards corruption
7.1 The National Anticorruption Directorate
7.2 Corruption in the Romanian public health sector
8. The correlation between corruption and the violation of the right to health
8.1 The conditioning of public procurement
8.2 The envelope of medical services
8.3 The double-budgeting of the hospital units
8.4 The bolstering of the access of the staff into the medical system
9. The symptoms of corruption in the public health system
10. Conclusion
Objectives and Research Themes
This paper examines the impact of corruption on the right to health in Romania, aiming to demonstrate that corruption does not merely affect the health system but constitutes a detrimental violation of human rights. It seeks to transition the discourse from a purely criminal law perspective to a human rights-based approach, advocating for a more comprehensive, standardized mechanism for the protection of health rights against corrupt practices.
- Analysis of the relationship between systemic corruption and human rights violations.
- Evaluation of the legal framework and anti-corruption initiatives in the Romanian public health sector.
- Investigation into specific corrupt patterns, such as public procurement fraud and informal payments ("the envelope").
- Exploration of the impact of the communist legacy on contemporary administrative corruption.
- Assessment of the role of transparency, accountability, and the involvement of victims in fighting corruption.
Excerpt from the Book
8.2 The envelope of medical services
The corruption of the provision of medical services is embodied within the field of medical consultations and acts provided to the patient. The report remarks the existence and mutual acceptance of long-existing customs in terms of bribery, meaning that the patients usually informed each other about the amount of money which was to be discretely offered for the given medical evaluation (National Anticorruption Directorate 2018, p. 5). Experienced patients provided the necessary information about the amounts accepted by the doctors or medical workers, the appropriate moment for the offering of the money, the manner of the offer of the money, which were to be discretely and astutely concealed more often, than not, in an envelope in order for the beneficiary to avoid direct contact with the banknotes.
Summary of Chapters
1. Abstract: Provides an overview of the correlation between human rights, responsibilities, and the systemic threat corruption poses to the right to health in Romania.
2. Introduction: Defines fundamental concepts including human rights and corruption within national and international legal contexts.
4. Human rights-based approach and anti-corruption initiatives: Explores the historical context of Romania’s communist past and its impact on current institutional corruption, alongside existing anti-corruption measures.
5. Literature review on the link between corruption and the violation of human rights: Reviews scholarly research on the legal and conceptual frameworks connecting corrupt acts to human rights infringements.
6. The methodology used for the assessment of corruption and human rights: Details the qualitative research approach used to analyze documents and studies to determine the causal link between corruption and human rights violations.
7. The oblivious proclivity towards corruption: Analyzes the prevalence of corruption in the Romanian public health sector and the role of specialized agencies like the National Anticorruption Directorate.
8. The correlation between corruption and the violation of the right to health: Investigates specific mechanisms of corruption, including public procurement conditioning, informal payments, double-budgeting, and fraudulent staff hiring.
9. The symptoms of corruption in the public health system: Examines systemic irregularities, including those highlighted by the Covid-19 pandemic, and the need for institutional reform.
10. Conclusion: Summarizes the findings and advocates for a human rights-centered anti-corruption strategy to better protect the right to health.
Keywords
Romania, Corruption, Human Rights, Right to Health, Public Health System, Public Procurement, Informal Payments, National Anticorruption Directorate, Accountability, Transparency, Institutional Reform, Human Rights-based Approach, Medical Ethics, State Responsibility, Anti-Corruption Policy.
Frequently Asked Questions
What is the primary focus of this research?
The work focuses on the detrimental impact of corruption on the right to health in Romania, arguing that corruption should be viewed not just as a criminal issue, but as a significant breach of human rights.
What are the central thematic fields?
The study centers on human rights law, anti-corruption policies, the functioning of the Romanian public health system, and the historical influence of the communist legacy on institutional practices.
What is the core objective of the paper?
The primary objective is to demonstrate that corruption in the Romanian health sector is a systemic violation of the right to health and to advocate for integrating human rights principles into anti-corruption strategies.
Which methodology is employed?
The research utilizes a qualitative methodology, analyzing official government reports, academic studies, legal documents, and court cases to establish the link between corrupt acts and human rights outcomes.
What does the main body of the work cover?
It covers the definition of key terms, historical and legal backgrounds, a review of existing literature, the mechanisms of corruption within the healthcare sector (such as procurement and bribery), and specific case studies.
What are the key terms characterizing this research?
The research is characterized by terms such as systemic corruption, right to health, human rights-based approach, public procurement fraud, and state accountability.
How did the communist past influence current corruption in Romania?
The paper discusses how the legacy of the communist regime fostered a deep-rooted culture of informality, lack of transparency, and institutional abuse that continues to affect the modern Romanian public health sector.
What role does the National Anticorruption Directorate (NAD) play?
The NAD is identified as a primary specialized agency tasked with investigating and prosecuting high and medium-level corruption, serving as a critical tool in Romania's efforts to fight illicit practices.
What is the "envelope of medical services"?
This refers to the common and widely recognized practice of patients providing informal payments in envelopes to doctors or nurses, which is treated in the text as a symptom of a dysfunctional system and a form of bribery.
How did the Covid-19 pandemic highlight systemic issues?
The pandemic exposed concealed irregularities, such as poor management, understaffing, and the misuse of public and European funds in hospitals, which ultimately hampered the state's ability to protect the right to health.
- Arbeit zitieren
- Cristina Burgel (Autor:in), 2021, Corruption as an Attribution to the Breach of the Right to Health in Romania, München, GRIN Verlag, https://www.grin.com/document/1040318
