or other appropriate remedies at both national and
international levels.2° All victims of such violations
should be entitled to adequate reparation, which
may take the form of restitution, compensation,
satisfaction or guarantees of non-repetition. National
ombudsmen, human rights commissions, consumer
or similar
rights associations
patients’
forums,
64.
Moreover, coordinated efforts for the realization
of the right to health should be maintained to enhance
the interaction among all the actors concerned,
including the various components of civil society. In
institutions should address violations of the right to
conformity with articles 22 and 23 of the Covenant,
WHO, The International Labour Organization, the
United Nations Development Programme, UNICEF,
the United Nations Population Fund, the World Bank,
health.
regional
60.
Monetary Fund, the World Trade Organization and other
relevant bodies within the United Nations system,
should cooperate effectively with States parties,
of
The
incorporation
international
in the domestic
instruments
legal order
recognizing
the
right
development
banks,
the
International
be
building on their respective expertise, in relation to the
implementation of the right to health at the national
encouraged in all cases.*1 Incorporation enables
courts to adjudicate violations of the right to health,
level, with due respect to their individual mandates.
In particular, the international financial institutions,
to health can significantly enhance
the scope
effectiveness
and
of remedial
measures
should
and
or at least its core obligations, by direct reference to
notably
the Covenant.
Monetary
the
World
Fund,
Bank
should
and
pay
the
greater
International
attention
to
the protection of the right to health in their lending
61.
Judges
should
be
and
members
encouraged
by
of the
legal
States
profession
parties
to
pay
greater attention to violations of the right to health in
the exercise of their functions.
62.
States parties should respect, protect, facilitate
and promote the work of human rights advocates and
other members of civil society with a view to assisting
vulnerable or marginalized groups in the realization
of their right to health.
policies, credit agreements and structural adjustment
programmes. When examining the reports of States
parties
and
their
ability
to
meet
the
obligations
under article 12, the Committee will consider the
effects of the assistance provided by all other actors.
The adoption of a human rights-based
United Nations specialized agencies,
and
approach by
programmes
bodies will greatly facilitate implementation
of States parties’ reports, the Committee
consider the role of health professional
V.
OBLIGATIONS
STATES PARTIES
63.
The
OF ACTORS
and
assigned to WHO
OTHER
and other non-governmental organizations in relation
THAN
United
in
Nations
particular
the
agencies
key
and
function
in realizing the right to health at
the international, regional and country levels, is of
particular importance, as is the function of UNICEF
in relation to the right to health of children. When
formulating and implementing their right to health
national strategies, States parties should avail
themselves of technical assistance and cooperation
of WHO. Further, when preparing their reports, States
parties should
utilize the extensive
information
and advisory services of WHO with regard to data
collection, disaggregation, and the development of
right to health indicators and benchmarks.
65.
The role of WHO, the Office of the United Nations
High Commissioner
for Refugees,
the International
Committee of the Red Cross/Red Crescent and UNICEF,
as wellas non governmental organizations and national
medical associations, is of particular importance in
relation to disaster relief and humanitarian assistance
in times of emergencies, including assistance to
refugees and internally displaced persons.
Regardless of whether groups as such can seek remedies
as distinct holders of rig hts, States
both the collective and
individual
parties are bound by
dimensions of article
12. Collective rights are critical in the field of health;
modern public health policy relies heavily on prevention
and promotion which are approaches directed primarily
31
42
to groups.
See General Comment
No. 2, para. 9.
cure ECONDMIC, SOCIAL AND CULTURAL RIGHTS HANDBOOK
Priority in
the provision of international medical aid, distribution
and management of resources, such as safe and
potable water, food and medical supplies, and
financial aid should be given to the most vulnerable
or marginalized groups of the population.
Adopted on 11 May 2000.
30
will also
associations
to the States’ obligations under article 12.
role of the
programmes,
of
the right to health. In the course of its examination
©1996-2001
Office of the United Nations
High Commissioner for Human
Geneva, Switzerland
Rights