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obligations that cannot be compromised. In this way, human rights discourage backsliding.
Sometimes human rights can stop the Government from introducing misconceived reforms to the
justice system.
116. Human rights have a second function. Anticipating that policymakers and others
sometimes make mistakes, human rights require an effective mechanism to scrutinize important
decisions. As already discussed, they require that those responsible be held to account - at the
national and international levels - so that if there is an error, it can be identified and corrected.
On countless occasions, human rights have been used to challenge policymakers and others
about unjust court systems. Crucially, human rights have been used to expose unfair systems of
justice - and they have led to welcome reforms.
117. Of course, sometimes human rights law fails and an unfair court system is uncorrected and
unreformed. Sometimes policymakers reject the guidance provided by human rights, and
accountability mechanisms prove too weak to provide redress. Human rights are only tools - and
flawed tools to boot - and do not always work. But sometimes they do. Indeed, human rights
have worked on many occasions and helped to establish court systems that are fairer and more
just than they would otherwise have been.
118. By analogy, these arguments also apply to a health system.
119. From the perspective of the right to the highest attainable standard of health, as well as
health good practices, an effective health system must include a number of features and
measures, some of which are signalled in this report. There must be, for example, an up-to-date
health plan; outreach programmes for disadvantaged groups; publicly available data that is
appropriately disaggregated; a minimum “basket” of health-related services and facilities; an
up-to-date, national essential medicines list; meaningful regulation and effective accountability
of the public and private health sector; and so on.
120. Of course, it is possible to build a health system that has these features without any express
reference to human rights, even without taking human rights into account. But the record shows
that very many health systems do not, in fact, have these (and other) features that are required by
the right to the highest attainable standard of health, and suggested by health good practices.
121. In this context, the right to the highest attainable standard of health can play a similar role
in relation to the health system as the right to a fair trial plays in relation to a court system. The
right to health can provide guidance to health policymakers, reminding them what features of a
health system must always be respected. If there is national or international pressure to introduce
reforms that will hinder access to health services for children or those living in poverty, officials
can explain that the State has minimum, legally binding human rights obligations that cannot be
compromised in this way.
122. Also, because health policymakers and others sometimes make mistakes, the right to the
highest attainable standard of health requires an effective mechanism to review important
health-related decisions. Under the right to health, those with responsibilities should be held to
account so that misjudgements can be identified and corrected. Accountability can be used to
expose problems and identify reforms that will enhance health systems for all.
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