The State's obligation to regulate and monitor private health care facilities: The Alyne da Silva Pimentel and the Dzebniauri cases

Abstract

The Human Rights in Patient Care framework embraces general human rights principles applicable to both patients and health care providers in the delivery of health care. Under this framework, states have a duty to ensure patient and provider rights in both public and private health care settings. The paper examines the recent decisions in Alyne Da Silva Pimentel v. Brazil of the Committee on the Elimination of Discrimination against Women and Dzebniauri v. Georgia of the European Court of Human Rights and places these decisions within the wider debate on the extent to which states have human rights obligations in private settings. Drawing on these decisions, the paper demonstrates that this duty can be complied with by establishing appropriate laws and regulations for private entities, monitoring and enforcement of the standards, and performance of these bodies and professionals through investigation and accountability procedures.