A/HRC/7/11
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They should especially assist low-income countries with the fulfilment of their core obligations
arising from the right to the highest attainable standard of health. Equally, low-income States
have a responsibility to seek appropriate international assistance and cooperation to help them
strengthen their health systems.
62. The relationship between health “global public goods” and the human rights responsibility
of international assistance and cooperation in health demands further study.
15. Striking balances
63. Few human rights are absolute. Frequently, balances have to be struck between competing
human rights. Freedom of information, for example, has to be balanced with the right to privacy.
Moreover, there are often legitimate but competing claims arising from the same human right,
especially in relation to those numerous rights that are subject to resource availability. In the
context of health systems, finite budgets give rise to tough policy choices. Should the
Government build a new teaching hospital, establish more primary health-care clinics, strengthen
community care for people with disabilities, improve sanitation in the capital’s slum, improve
access to antiretrovirals, or subsidize an effective but expensive cancer drug? A preliminary
report of the Special Rapporteur submitted to the United Nations General Assembly addressed
these challenging issues (A/62/214). Human rights do not provide neat answers to such
questions, any more than do ethics or economics. But human rights require that the questions be
decided by way of a fair, transparent, participatory process, taking into account explicit criteria,
such as the well-being of those living in poverty, and not just the claims of powerful interest
groups.
64. Because of the complexity, sensitivity and importance of many health policy issues, it is
vitally important that effective, accessible and independent mechanisms of accountability are in
place to ensure that reasonable balances are struck by way of fair processes that take into account
all relevant considerations, including the interests of disadvantaged individuals, communities and
populations.
16. Monitoring and accountability
65. Rights imply duties, and duties demand accountability. Accountability is one of the most
important features of human rights - and also one of the least understood. Although human rights
demand accountability this does not mean that every health worker or specialized agency
becomes a human rights enforcer. Accountability includes the monitoring of conduct,
performance and outcomes. In the context of a health system, there must be accessible,
transparent and effective mechanisms of accountability to understand how those with
responsibilities towards the health system have discharged their duties. The crucial role of
accountability is explored further in section E below.
17. Legal obligation
66. The right to the highest attainable standard of health gives rise to legally binding
obligations. A State is legally obliged to ensure that its health system includes a number of the
features and measures signalled in the preceding paragraphs. The health system must have,
for example, a comprehensive, national plan; outreach programmes for the disadvantaged;
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