A/HRC/14/39
important elements in ensuring the right to health.78 The Special Rapporteur on the right to
health has defined accountability as “ensuring that health systems are improving, and the
right to the highest attainable standard of health is being progressively realized, for all,
including disadvantaged individuals, communities, and population”.79
36.
Regular monitoring of the health system and the underlying physical and socioeconomic determinants of health that affect women’s health and ability to exercise their
rights is a critical component of accountability. Without monitoring, systemic failures in
reducing maternal mortality and morbidity cannot be corrected. When States adopt and
implement a national public health strategy and plan of action,80 they should also develop
“appropriate indicators to monitor progress made, and to highlight where policy
adjustments may be needed”.81 Monitoring helps States parties develop a better
understanding of the “problems and shortcomings encountered” in realizing rights,
providing them with the “framework within which more appropriate policies can be
devised”.82 Data based on appropriate indicators should be disaggregated on the basis of the
prohibited grounds of discrimination to monitor the elimination of discrimination83 as well
as to ensure that vulnerable communities are benefiting from health-care schemes.
37.
As an accountability measure designed to reduce maternal mortality, the Special
Rapporteur on the right to health has strongly recommended that all States introduce, as a
matter of urgency, a comprehensive, effective registration system, as well as a system of
maternal death audits, in order to find out why the deaths occurred. Such maternal death
audits, the Special Rapporteur notes, should be a non-judicial review that goes beyond
medical reasons to identify the social, economic and cultural reasons that led or contributed
to the death.84
38.
The principle of accountability is closely linked to the right of victims to remedy
including reparation.85 Effective access to remedies and reparation contributes to a
constructive accountability framework by focusing on system failures and encouraging
repair. The components of remedies and reparation were articulated through the Basic
Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law approved by the General Assembly in 2005.86
2.
Participation
39.
Participation is an operational principle of a rights-based approach that has come to
be recognized as a right in itself. At the International Conference on Primary Health Care in
Almaty in 1978, 134 Governments and 67 international organizations agreed that “the
people have the right and duty to participate individually and collectively in the planning
and implementation of their health care”.87 Participation in the context of maternal mortality
and morbidity means granting women access to relevant information and including them in
the decision-making processes which affect their pregnancy and childbirth. The Special
Rapporteur on the right to health has noted, in the context of reducing maternal mortality
78
79
80
81
82
83
84
85
86
87
GE.10-12949
CESCR, general comment No. 14, paras. 59–62.
Report of the Special Rapporteur on the right to health (A/63/263), para. 12.
CESCR, general comment No. 14, para. 43 (f).
A/61/338, para. 28 (e).
CESCR, general comment No. 1: Reporting by States parties (1989), para. 8.
CESCR, general comment No. 20, para. 41.
Report of the Special Rapporteur on the right to health (A/HRC/7/11/Add.4), para. 16.
CESCR, general comment No. 14, para. 59.
General Assembly resolution No. 60/147, annex.
Declaration of Alma-Ata, para. IV.
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