identifying right to health indicators and benchmarks; the failure to take measures to reduce the inequitable ‘distribution of health facilities, goods and services; ithe failure to adopt a gender-sensitive approach to lpealth; and the failure to reduce infant and maternal ‘mortality rates. jv. IMPLEMENTATION AT THE NATIONAL LEVEL 53. The society are aware of, and consider the importance of, the right to health in pursuing their activities. 56. States should consider adopting a framework law to operationalize their right to health national strategy. The framework law should establish national mechanisms for monitoring the implementation of national health strategies and plans of action. it should include provisions on the targets to be achieved and the time-frame for their achievement: the most appropriate feasible measures to implement the right to health will vary significantly from one State to another. Every State has a margin of discretion in assessing which measures are most suitable to meet its specific circumstances. The Covenant, however, clearly imposes a duty on each State 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 means by which right to health benchmarks could be achieved; the intended collaboration with civil society, including health experts, the private sector and international organizations; institutional responsibility for the implementation of the right to health national strategy and plan of action; and possible recourse procedures, In monitoring progress towards the realization of the right to health, States parties should identify the factors and difficulties affecting implementation of their obligations. Right indicators to health and benchmarks 57. National health strategies should identify appropriate right to health indicators and benchmarks. the formulation of policies and corresponding right to health indicators and benchmarks. The national health strategy should also identify the resources The indicators should be designed to monitor, at the national and international levels, the State party's available to attain defined objectives, as well as the guidance on appropriate right to health indicators, which should address different aspects of the right to health, from the ongoing work of WHO and the United most cost-effective way of using those resources. 54. The formulation and implementation of national health strategies and plans of action should respect, inter alia, the principles of non-discrimination and people’s participation. In particular, the right of individuals and groups to participate in decision-making processes, which may affect their development, must be an integral component of any policy, programme or strategy developed to discharge governmental obligations under article 12. Promoting health must involve effective community action in setting priorities, making decisions, planning, implementing and evaluating strategies to achieve better health. Effective provision of health services can only be assured if people's participation is secured by States. 55. The national health strategy and plan of action should also be based on the principles of accountability, transparency and independence of the judiciary, since good governance is essential to the effective implementation of including the realization of the right to create a favourable climate for the right, States parties should take all human rights, to health. In order the realization of appropriate steps to ensure that the private business sector and civil obligations under article 12. States may obtain Nations Children’s Fund (UNICEF) in this field, Right to health indicators require disaggregation prohibited grounds of discrimination. on the 58. Having identified appropriate right to health indicators, States parties are invited to set appropriate national benchmarks in relation to each indicator. During the periodic reporting procedure the Committee will engage in a process of scoping with the State party. Scoping involves the joint consideration by the State party and the Committee of the indicators and national benchmarks which will then provide the targets to be achieved during the next reporting period. In the following five years, the State party will use these national benchmarks to help monitor its implementation of article 12. Thereafter, in the subsequent reporting process, the State party and the Committee will consider whether or not the benchmarks have been achieved, and the reasons for any difficulties that may have been encountered. p i bili 59. Any person or group victim of a violation of the right to health should have access to effective judicial GENERALCOMMENTS AND STATEMENTS 41