The International Covenant on Economic, Social and Cultural Rights
aware of the danger of drinking water contaminated by arsenic, they may
have few options for safe drinking water, because other sources are too
far away or otherwise inconvenient. Since arsenic is colourless, tasteless
and odourless and only affects one’s health after a long time, some people
drink arsenic-contaminated water simply because of the few alternatives
available.
3.3 Right to Health:
The right to health termed as ‘medical care’ has been recognized in the
constitution of Bangladesh as one of the basic necessities of the citizens.
The first ever National Health Policy was introduced in 2000 which
contained ambitious targets, considering the ICESCR provisions of 15
goals, 10 policy principles and 32 strategies. This study did not find a gap
between the international instrument and the national legal regime but
certainly, there are gaps in the practices.
In Bangladesh, the public health system does not yet exist as envisaged.
Analysis of official statistics represents an unsatisfactory scenario. The
doctor-population,
doctornurse,
nurse-population
ratios
remain
far
below
the standard level. Though
in terms of infrastructural
health facilities, Bangladesh
is one of the well- resourced
countries(CPD, 2001). Though
the health sector’s more recent
achievement is remarkable, still
the health care system has to
go far to achieve the Millennium
Development Goals. Most of
the health indicators show low
rates of achievement. Failure
of governance as mentioned
below is responsible for these
shortfalls:
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i. Voice and accountability: Citizens’ voices and demands result in improved
state responsiveness, transparency and accountability. In reality, the
state in Bangladesh, like many developing countries, is not sufficiently
accountable to its citizens, whose voices often remain unheard or are
simply too weak to have any influence. Voice and accountability permit
communities to be involved in decisions and oversight of health care
services. In the field of governance assessment, ‘voice and accountability’
is a key indicator encapsulating a broad range of factors, from freedom of
expression and respect for civil liberties to free and fair elections and the
just rule of law (RIA, 2007).
The people’s voice in Bangladesh is rarely taken into account while making
and implementing health policies. Low confidence in government health
facilities and their underutilization are caused by weak administration, lack
of oversight, and poor accountability (Ahmad, 2000). Failure in enforcing
a system of accountability in the health system is weakening governance.
ii. Weak Monitoring and Regulatory Framework: The regulatory framework
for monitoring health services delivery is weak. There are 45 laws related
to various aspects of health such as the Epidemic Disease Act 1897, the
Prevention of Malaria Ordinance 1978, laws related to quality of food,
quality of drugs etc. According to the Terms of Reference (TOR) of their
services the senior officials are given the responsibility of supervising and
monitoring the health activities of their respective areas, but they seldom
do this (Osman, 2004).
The Bangladesh Medical and Dental Council (BMDC), established under
the medical and dental Council Act of 1980 is empowered to look after
the public interest by maintaining proper standards of services and
education. It has the authority to take disciplinary action, including
temporary suspension or permanent removal of the practitioner from the
register for misconduct like issuing false certificates, disregard of personal
responsibility to patients etc. But due to the absence of a monitoring
system on the activities of practitioners, it is very difficult to implement,
and there is no evidence of a practitioner’s name ever being removed
from the register (Jahan and Salehin, 2006).
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