GI-ESCR presented an oral statement highlighting the potential negative human rights impact and racial discrimination when health care services are provided by private actors, during the thematic discussion on racial discrimination and the right to health hosted by the UN Committee on the Elimination of Racial Discrimination (CERD) on 23 August 2022.  

This Day of General Discussion on this topic informs the CERD’s work towards General Recommendation n°37 on racial discrimination and the right to health under Article 5 (e)(iv) of the International Convention on the Elimination of All Forms of Racial Discrimination.

Our statement emphasised the importance of distinguishing between commercial and non-commercial actors when classifying private actor involved in healthcare. This is particularly important in light of the evidence demonstrating that the right to health is undermined when States excessively rely on for-profit actors to deliver healthcare services, as seen in our reports on the impact of commercialisation of healthcare in Italy, Kenya and Nigeria.

Drawing from our report exploring a human rights impact assessment framework, we also emphasised the the following State obligations:

• to protect the right to health when a third party is involved through effective monitoring, evaluation and regulation by the State;

• to ensure that any private involvement in healthcare does not undermine the accessibility, availability, acceptability and quality of healthcare;

• to assess privatisation plans to ensure that that they do not interfere with the fulfilment of the right to health at the maximum of their available resources.

In conclusion, we urged the Committee to advocate for higher regulation and monitoring of private actors in healthcare in line with the enjoyment of the right to health without discrimination.

The next step is for the CERD Committee to develop and share the first draft of the General Recommendation.

This statement builds on GI-ESCR’s submission to the UN Committee on the Elimination of Racial Discrimination on the same topic.

More information on our work on the right to health is available here.