il. VIOLATIONS 46. When the normative content of article 12 (Part !) is applied to the obligations of States parties (Part II), a dynamic process is set in motion which facilitates identification of violations of the right to health. The following paragraphs provide illustrations of violations of article 12. 47. Indetermining whichactionsoromissions amount to a violation of the right to health, it is important to distinguish the inability from the unwillingness of a State party to comply with its obligations under article 12. This follows from article 12.1, which speaks of the highest attainable standard of health, as well as from article 2.1 of the Covenant, which obliges each State party to take the necessary steps to the maximum of its available resources. A State which is unwilling to use the maximum of its available resources for the realization of the right to health is in violation of its obligations under article 12. If resource constraints 50. Violations of the obligation to respect are those State actions, policies or laws that contravene the standards set out in article 12 of the Covenant and are likely to morbidity result and in its non-compliance with the core obligations set out in paragraph 43 above, which are non-derogable. 48. Violations of the right to health can occur insufficiently regulated any retrogressive by States. The measures adoption incompatible with of the core obligations under the right to health, outlined in paragraph 43 above, constitutes a violation of the right to health. Violations through acts of commission include the formal repeal or suspension of legislation necessary for the continued enjoyment of the right to health or the adoption of legislation or policies which are manifestly incompatible with pre-existing domestic or international legal obligations in relation unnecessary Examples and services to particular individuals or groups as a result of de jure or de facto discrimination; the deliberate withholding or misrepresentation of information vital to health protection or treatment; the suspension of legislation or the adoption of laws or policies that interfere with the enjoyment of any of the components of the right to health; and the failure of the State to take into account its legal obligations regarding the right to health when entering into bilateral or multilateral agreements with other States, international organizations and as multinational corporations. other entities, ion 51. such tL Violations of the obligation to protect follow from the failure of a State to take all necessary measures to safeguard persons within their jurisdiction from infringements of the right to health by third parties. This category includes such omissions as the failure to regulate the corporations the through the direct action of States or other entities harm, mortality. include the denial of access to health facilities, goods render it impossible for a State to comply fully with its Covenant 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 outlined above. It should be stressed, however, that a State party cannot, under any circumstances whatsoever, justify bodily preventable activities of individuals, so as to prevent them right to health of others; consumers and workers from to health, e.g. of medicines by or the the or violating failure to protect practices detrimental employers food; groups from and manufacturers failure to discourage production, marketing and consumption of tobacco, narcotics and other harmful substances; the failure to protect women against violence or to prosecute perpetrators; the failure to discourage the continued observance of harmful traditional medical or cultural practices; and the failure to enact or enforce laws to prevent the pollution of water, air and soil by extractive and manufacturing industries. Violati f the obligation to fulfil to the right to health. 49. Violations of the right to health can also occur through necessary the omission measures or failure of States arising from to take legal obligations. 52. Violations of the obligation to fulfil occur through the failure of States parties to take all necessary steps to ensure the realization of the right to health. Examples include the failure to adopt or implement Violations through acts of omission include the failure a national health policy designed to ensure the right to take appropriate steps towards the full realization of everyone's right to the enjoyment of the highest to health attainable standard of physical and mental health, the failure to have a national policy on occupational safety and health as well as occupational health services, and the failure to enforce relevant laws. non-enjoyment of the right to health by individuals or AQ HRP ECONOMIC, SOCIAL AND CULTURAL RIGHTS HANDBOOK for everyone; insufficient expenditure or misallocation of public resources which results in the groups, particularly the vulnerable or marginalized; the failure to monitor the realization of the right to health at the national level, for example by