A/HRC/38/37 as tends to happen with review in the context of development and global health, or conflated with accountability.64 Effective monitoring, review and, ultimately, accountability, are dependent on high quality data, disaggregated, for instance, by age, sex, geographic location, ethnicity, socioeconomic status and other factors, as nationally applicable. Assessing whether the targets under the Sustainable Development Goals have been met will be equally dependent on the quality and availability of such data, two areas where major gaps, particularly at the country level, have been identified. With regard to identifying key populations vulnerable to HIV, for instance, stigma remains an obstacle to comprehensive data collection, with these populations being inadequately accounted for. 65 39. The use of indicators is a key element of human rights-based monitoring, and the indicator framework for the Sustainable Development Goals has been assessed as “capturing only a partial measure of the impact that Goal 3 may have on people’s right to health entitlements and duty bearers’ corresponding obligations” and not reflecting the full extent to which health-related rights are upheld.66 Consequently, right to health indicators are necessary to facilitate the thorough-going monitoring that would yield the information necessary for competent review and remedial action. Recourse to human rights norms also places a duty on States to cooperate towards capacity-building for data collection. 40. The High-Level Working Group on the Health and Human Rights of Women, Children and Adolescents recommended that all States should ensure that national accountability mechanisms (for example, courts, parliamentary oversight, patients’ rights bodies, national human rights institutions and health sector reviews) are appropriately mandated and resourced to uphold human rights to health and through health. 67 At the national level, accountability can be enhanced through the establishment or strengthening of transparent, inclusive and participatory processes and mechanisms, with jurisdiction to recommend remedial action. Such mechanisms and processes include courts or quasijudicial and non-judicial bodies, complaints mechanisms within the health system, patients’ rights associations, national human rights institutions and professional standards associations. 68 Accountability is further strengthened by international human rights mechanisms, such as the human rights treaty bodies, the special procedures of the Human Rights Council and the universal periodic review, and regional mechanisms. 5. Participation 41. According to the General Assembly, the 2030 Agenda is a plan of action for people, planet and prosperity, which all countries and stakeholders, acting in collaborative partnership, will implement. Target 16.7 of the Sustainable Development Goals is to ensure responsive, inclusive, participatory and representative decision-making at all levels. The participation of rights holders and other stakeholders in the development, implementation and monitoring of policy is not only an imperative of the democratic process but also a prerequisite for effective policymaking, as it facilitates public health responses that are relevant to the context and ensures that interventions reach the most affected communities. 69 Promoting health must involve effective community action in setting 64 65 66 67 68 69 Ibid. Sara L.M. Davis, “The uncounted: politics of data and visibility in global health”, International Journal of Human Rights, vol. 21, No. 8 (2017), p. 1149. Carmel Williams and Paul Hunt, “Neglecting human rights: accountability, data and Sustainable Development Goal 3”, International Journal of Human Rights, vol. 21, No. 8 (2017), p. 1129. WHO, Leading the realization of human rights to health and through health: Report of the HighLevel Working Group on the Health and Human Rights of Women, Children and Adolescents (2017), p. 48, recommendation 7. Jyoti Sanghera and others, “Human rights in the new Global Strategy”, British Medical Journal, vol. 351, supplement 1 (September 2015), p. 44; and Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) on the right to the highest attainable standard of health, paras. 59–62. See, for example, Joint United Nations Programme on HIV/AIDS (UNAIDS), “Non-discrimination on responses to HIV” (2010), paras. 18–22; Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) on the right to the highest attainable standard of health, para. 54; European Union Agency for Fundamental Rights, Challenges facing civil society organisations working on human rights in the EU (Luxembourg, 2017), p. 39. 13