A/HRC/21/22
providers, insurance and pharmaceutical companies, and manufacturers of health-related
goods and equipment, as well as community and family members, comply with certain
standards.19 States may be held responsible for private acts if they fail to act with due
diligence to prevent, investigate and punish violations of rights. 20
23.
Where the health system is decentralized, the national Government remains
accountable for complying with human rights obligations, including those relating to
sexual and reproductive health.
III. Planning and budgeting
24.
Public health planning traditionally begins with the acknowledgement of a maternal
mortality and morbidity problem, and then goes on to propose how to address it within the
current societal framework. Rights-based planning goes further by also examining the
dominant assumptions underlying the structural determinants of women’s health, and then
includes strategies to address those factors, to reshape the possibility frontier for advancing
maternal health. A human rights-based approach therefore changes decision-making
processes, and the issues and actors included in those processes, as well as outcomes.
25.
A human rights-based approach requires a multi-sectoral approach to economic and
social planning and budgeting, including, at a minimum, coordination among a variety of
Government ministries and departments, as well as with other key actors, such as the
private sector, development partners and civil society. Moreover, planning and budgeting
processes cannot leave all decision-making to technical experts; full transparency and
meaningful participation by the people affected are required for devising effective,
democratically legitimate and sustainable solutions to the inevitable policy trade-offs.
A.
Planning
26.
Guaranteeing the right to health requires the State, as a core obligation, to
adopt a national public health strategy and plan of action (national plan). The national
plan, coordinated with subnational plans, must comprehensively cover the health needs of
the entire population, clearly identifying responsible actors in various contexts and
establishing accountability mechanisms.
27.
The national plan must contain a sexual and reproductive health strategy,
encompassing maternal health. It should reflect the pivotal importance of sexual and
reproductive health, including maternal health, and follow best practices, including those
set out by WHO.21 Linkages between sexual and reproductive health and related policies,
including education and nutritional policy, should be drawn explicitly.
28.
The national plan, and policies linked to it, must be based on an up-to-date
situational analysis of women’s sexual and reproductive health and rights, informed
by suitably disaggregated data and trends, as well as vital registration. Human rights
require an understanding of which population groups are deprived of access, and
determining the reasons behind that deprivation at both the national and subnational levels.
19
20
21
Committee on the Elimination of Discrimination against Women, general recommendation No. 28,
para. 13.
Ibid. See also Committee on the Elimination of Discrimination against Women, general
recommendation No. 19, para. 9, and CEDAW/C/49/D/17/2008, paras 7.5 and 8.
WHO, Reproductive health strategy to accelerate progress towards the attainment of international
development goals and targets, Geneva, 2004, p. 59.
7
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