A/HRC/21/22
marginalized and vulnerable groups and health workers, in efforts to identify problems,
causes and duty-bearers, and in prioritizing remedial actions and solutions.
64.
Evaluating factors that may constitute obstacles in practice requires examining
sequencing and coordination within and between systems, including the appropriate
alignment of:
(a)
Laws and policies (for example, ensuring appropriate protocols are issued
and disseminated by the Ministry of Health to provide for abortion where it is legal);
(b)
Policies and budgets (for example, shifting budget allocations toward the
needs of the poorest quintiles and/or marginalized groups);
(c)
Budgets and programmes (for example, ensuring that costs do not raise
barriers to access to essential sexual and reproductive health care);
(d)
Policies and programmes (for example, ensuring that all levels of providers
are actually performing functions set out in national and regional policies);
(e)
Training and programmes (for example, ensuring that sufficient numbers of
mid-level providers are recruited and trained to meet the sexual and reproductive health
needs of the population).
65.
A rights-based approach requires simultaneous attention to immediate health
interventions and the longer-term social transformation required to reduce maternal
mortality and morbidity. Overcoming identified obstacles to all essential interventions,
supplies and medicines within the context of health system strengthening must be
prioritized. At the same time, however, efforts are also required to address any broader
patterns of discrimination against women and/or particular groups of women that affect
maternal mortality and morbidity.
66.
Full respect for the rights of both health system users and health workers is
fundamental to a rights-based approach. Any form of abuse, neglect or disrespect of
health system users undermines their rights. Institutions need to be organized and managed
to facilitate respect for women’s sexual and reproductive health rights, such as provision for
privacy and confidentiality. Systematic education is required for policymakers, planners,
health system administrators and providers to ensure that women’s access to care is treated
as a right and that all duty-bearers understand their corresponding obligations of conduct.
Moreover, in a health system, health workers are rights-holders as much as duty-bearers.
Ensuring adequate working conditions and treatment of health workers, including salary
and benefits, disciplinary processes and voice, is necessary to respect their rights and, in
turn, to promote health system effectiveness in addressing maternal mortality and
morbidity.
V. Accountability
67.
As has been stressed throughout the present report, accountability is central to every
stage of a human rights-based approach. It requires not just transparency but meaningful
participation by affected populations and civil society groups. Effective accountability also
requires individuals, families and groups, including women from vulnerable or
marginalized populations, to be aware of their entitlements with regard to sexual and
reproductive health and are empowered to make claims grounded in them.
68.
In the sections above, emphasis was put on the importance of assessing
accountability gaps within and beyond the health sector in the situational analysis and
addressing them through planning and budgeting, as well as regular, ground-up diagnostic
exercises and follow-up, in order to ensure implementation in practice. Monitoring, the
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