2. the state duty to protect human rights

2.4 Competitive tendering for public services [page 25]

The fifth principle states that:

  1. States should exercise adequate oversight in order to meet their international human rights obligations when they contract with, or legislate for, business enterprises to provide services that may impact upon the enjoyment of human rights.

Examples of public services subject to competitive tendering that may have consequences for human rights are the operation of asylum reception centres, hospitals and schools. The state may also be held responsible for human rights violations if these result from inadequate management or control of private service providers within the state’s sphere of responsibility. The Government considers that Norwegian law and supervisory authorities are adequate for this purpose, and that there is no need for special measures at present.