A/HRC/32/32
61.
Particular regard must be afforded to the barriers faced by adolescents with
disabilities, as their views should be given due weight in accordance with age and maturity
on an equal basis with others and as they must be provided with opportunities for supported
decision-making.37
F.
Accountability
62.
Accountability, including its constituent components monitoring, review and
redress, is essential if the right to health is to be more than an aspiration. 38 Accountability
reveals where progress has been made and where it has not been made, allows duty bearers
to explain what they have done and make adjustments, and provides an opportunity for
rights holders, including adolescents, to engage with duty bearers in the promotion and
protection of their rights and to seek redress where violations have occurred.39
63.
The commitment expressed in the Global Strategy on Women’s, Children’s and
Adolescents’ Health 2016-2030 to improve national and global accountability, including for
adolescent health, is welcome, as is the broader commitment to accountability in the
Sustainable Development Goals. In this connection, States should ensure the quality and
timely collection of appropriately disaggregated data and that laws, policies and
programmes concerning adolescent health are transparently and regularly reviewed.
National assessments or public inquiries into adolescents’ right to health are welcome and
could be conducted by national institutions.
64.
Adolescents, together with other key civil society stakeholders, should play an active
role in accountability. They should be actively involved in the determination of indicators
at the national and local levels that reflect the issues they consider to be of critical
importance in realizing the right to health.
65.
To achieve this, all relevant policies should be devised, and periodically reviewed,
on the basis of a transparent process and with the participation of adolescents, and should
include right to health indicators and benchmarks. 40 Indicators should be disaggregated on
suitable grounds, including those identified in the Sustainable Development Goals, namely
age, income, gender, race, ethnicity, migratory status, disability and geographic location, in
order to monitor the health status of marginalized groups and sectors of adolescents (see
target 17.18). Adolescents and other relevant civil society actors should also be actively
involved in review processes.
66.
States should ensure adolescents have access to effective remedies to adjudicate
violations of their right to health, through the provision of supportive, child-friendly redress
mechanisms with the authority to adjudicate claims made by adolescents and filed on their
behalf, as well as access to subsidized or free legal services and other appropriate assistance
(see A/HRC/25/35). Furthermore, States should put in place preventive remedies where
adolescents can challenge denials of access to health services.41
37
38
39
40
41
Committee on the Rights of Persons with Disabilities general comment No. 1 (2014) on equal
recognition before the law.
WHO Commission on Information and Accountability, Keeping Promises: Measuring Results (2011).
Helen Potts, Accountability and the Right to the Highest Attainable Standard of Health (2008).
Committee on Economic, Social and Cultural Rights general comment No. 14 (2000) on the right to
the highest attainable standard of health, para. 43 (f).
See LC v. Peru; P&S v. Poland.
13
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