A/HRC/7/11
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2. Not only outcomes, but also processes
39. The right to the highest attainable standard of health is concerned with both processes and
outcomes. It is not only interested in what a health system does (e.g. providing access to essential
medicines and safe drinking water), but also how it does it (e.g. transparently, in a participatory
manner, and without discrimination).
3. Transparency
40. Access to health information is an essential feature of an effective health system, as well as
the right to the highest attainable standard of health. Health information enables individuals and
communities to promote their own health, participate effectively, claim quality services, monitor
progressive realization, expose corruption, hold those responsible to account, and so on. The
requirement of transparency applies to all those working in health-related sectors, including
States, international organizations, public private partnerships, business enterprises and civil
society organizations.
4. Participation
41. All individuals and communities are entitled to active and informed participation on issues
relating to their health. In the context of health systems, this includes participation in identifying
overall strategy, policymaking, implementation and accountability. The importance of
community participation is one of the principal themes recurring throughout the Declaration of
Alma-Ata. Crucially, States have a human rights responsibility to establish institutional
arrangements for the active and informed participation of all relevant stakeholders, including
disadvantaged communities.17 These issues have been explored in several of the Special
Rapporteur’s reports, including on Uganda and mental disability.18
5. Equity, equality and non-discrimination
42. Equality and non-discrimination are among the most fundamental elements of international
human rights, including the right to the highest attainable standard of health. A State has a legal
obligation to ensure that a health system is accessible to all without discrimination, including
those living in poverty, minorities, indigenous peoples, women, children, slum and rural
dwellers, people with disabilities, and other disadvantaged individuals and communities. Also,
the health system must be responsive to the particular health needs of women, children,
adolescents, the elderly, and so on. The twin human rights principles of equality and
non-discrimination mean that outreach (and other) programmes must be in place to ensure that
disadvantaged individuals and communities enjoy, in practice, the same access as those who are
more advantaged.
17
See H. Potts, Human Rights in Public Health: Rhetoric, Reality and Reconciliation,
PhD thesis, Monash University, Melbourne, Australia, 2006.
18
E/CN.4/2006/48/Add.2 and E/CN.4/2005/51.
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