Corruption as an Attribution to the Breach of the Right to Health in Romania

Academic Paper , 2021 , 62 Pages , Grade: A

Politics - Topic: Public International Law and Human Rights

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.

Inhaltsverzeichnis (Table of Contents)

• Abstract
• Introduction
  • The definition of human rights
  • The definition of corruption
• Human rights-based approach and anti-corruption initiatives
• Communism: The interlaced heritage of corruption and human rights in Romania
• The approach towards corruption in Romania
• The legal approach to the right to health in Romania
• Literature review on the link between corruption and the violation of human rights
• The methodology used for the assessment of corruption and human rights
  • The functioning of the Romanian Public Health System
• The oblivious proclivity towards corruption
  • The National Anticorruption Directorate
  • Corruption in the Romanian public health sector
• The correlation between corruption and the violation of the right to health
  • The conditioning of public procurement
  • The envelope of medical services
  • The double-budgeting of the hospital units
  • The bolstering of the access of the staff into the medical system
• The symptoms of corruption in the public health system
• Conclusion

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This paper aims to examine the detrimental impact of corruption on the right to health in Romania, focusing on the legal framework, the public health system, and the relationship between corruption and human rights violations. It analyzes the historical context of corruption and its evolution in Romania, as well as the current legal approaches to both corruption and the right to health. The paper then uses doctrinal analysis and normative assessments to demonstrate how corruption erodes the right to health in Romania, illustrating this through concrete examples in the public health sector.

• The relationship between corruption and the violation of human rights, particularly the right to health.
• The legal and historical context of corruption in Romania.
• The functioning and shortcomings of the Romanian public health system.
• Specific examples of corruption in the public health sector, such as public procurement, medical service provision, and hospital budgeting.
• The implications of corruption on the right to health and its impact on individuals and society.

Zusammenfassung der Kapitel (Chapter Summaries)

• Introduction: This chapter defines human rights and corruption, highlighting their inherent connection and the impact of corruption on the realization of human rights. It emphasizes the universal and unalienable nature of human rights and their legal underpinnings, referencing international and European conventions, declarations, and treaties.
• Human rights-based approach and anti-corruption initiatives: This section explores the historical context of human rights and corruption in Romania, focusing on the communist era and its legacy. It examines the development of anti-corruption initiatives and the legal framework for protecting human rights.
• The approach towards corruption in Romania: This chapter delves into the legal and institutional mechanisms in place to address corruption, examining the Romanian legal approach to combatting corruption and its effectiveness.
• The legal approach to the right to health in Romania: This chapter analyzes the legal framework governing the right to health in Romania, outlining the relevant national and international regulations, including the European Charter of Fundamental Rights.
• Literature review on the link between corruption and the violation of human rights: This chapter examines existing research and literature on the connection between corruption and human rights violations, providing a theoretical and empirical foundation for the paper's investigation.
• The methodology used for the assessment of corruption and human rights: This chapter outlines the research methodology employed in the paper, including the data sources, methods of analysis, and criteria used for evaluating corruption and its impact on the right to health.
• The functioning of the Romanian Public Health System: This chapter examines the structure and functioning of the Romanian public health system, highlighting its strengths and weaknesses, particularly in relation to corruption.
• The oblivious proclivity towards corruption: This chapter focuses on the prevalence of corruption in Romania, examining the role of institutions such as the National Anticorruption Directorate and providing concrete examples of corruption in the public health sector.
• The correlation between corruption and the violation of the right to health: This chapter analyzes the specific ways in which corruption impacts the right to health in Romania. It delves into various forms of corruption, including public procurement, medical service provision, and hospital budgeting, illustrating how these practices lead to violations of the right to health.
• The symptoms of corruption in the public health system: This chapter explores the observable consequences of corruption in the public health system, examining the systemic problems, inefficiencies, and inequities arising from corruption. It discusses the impact of corruption on healthcare access, quality, and patient outcomes.

Schlüsselwörter (Keywords)

The core keywords and focus topics of this paper include corruption, human rights, right to health, Romania, public health system, public procurement, medical services, hospital budgeting, doctrinal analysis, normative assessments, and human rights violations.

• College: Universität of Szeged (University of Szeged)
• Course: International Relations
• Grade: A
• Author: Cristina Burgel (Author)
• Publication Year: 2021
• Pages: 62
• Catalog Number: V1040318
• ISBN (eBook): 9783346458988
• ISBN (Book): 9783346458995
• Language: English
• Tags: corruption, attribution, breach, right, health, romania