• fostering recognition of factors favouring positive health results, e.g. research and provision of information; • ensuring that health services are culturally appropriate and that health care staff are trained to recognise and respond to the specific needs of vulnerable or marginalised groups; • ensuring that the State meets its obligations in the dissemination of appropriate information relating to healthy lifestyles and nutrition, harmful traditional practices and the availability of services; and • supporting people in making informed choices about their health. Governments have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of rights, including essential primary health care. This includes ensuring: • access to health facilities, goods and services on a non-discriminatory basis, especially for vulnerable or marginalised groups; • access to the minimum essential food which is nutritionally adequate and safe; • access to basic shelter, housing and sanitation, and an adequate supply of safe and potable water; and • equitable distribution of all health facilities, goods and services. Governments are also required to: • ensure reproductive, maternal (pre-natal as well as post-natal) and child health care; • provide immunisation against the major infectious diseases occurring in the community; • provide education and access to information concerning the main health problems in the community, including methods of preventing and controlling them; and • provide appropriate training for health personnel, including education on health and human rights. In determining whether an action or an omission amounts to a violation of the right to health, it is important to distinguish the inability from the unwillingness of a government to comply with its obligations. A government which is unwilling to use the maximum of its available resources for the realisation of the right to health is in violation of its obligations. If resource constraints render it impossible for a government to comply fully with its obligations, it has the burden of justifying that every effort has nevertheless been made to use all available resources at its disposal in order to satisfy, as a matter of priority, the obligations. A government cannot justify its non-compliance with the core obligations set out above. ICESCR clearly imposes a duty on each government to take whatever steps are necessary to ensure that everyone has access to health facilities, goods and services so that they can enjoy, as soon as possible, the highest attainable standard of physical and mental health. This requires the adoption of a national strategy to ensure to all the enjoyment of the right to health, based on human rights principles which define the objectives of that strategy, and the formulation of policies and corresponding right to health indicators and benchmarks. The national health strategy should also identify the resources available to attain defined objectives, as well as the most cost-effective way of using those resources. • take measures to prevent, treat and control epidemic and endemic diseases; FREE AND EQUAL A Human Rights Act for Australia 2022 121