A/HRC/4/28 page 22 responsibility of saying that the State could be doing better and requiring it to try again. Of course, courts are not a panacea; for example, sometimes authorities are slow to comply with court orders. Nonetheless, as one form of accountability, courts have a significant role to play in the promotion and protection of health-related rights. 89. While this section signals only a few of the many health-related cases that have been decided in recent years, in early 2007 WHO, with the support of the Emory University Institute of Human Rights in the United States, will launch a database that will include information on many other national and international health-related cases concerning human rights.74 IV. CONCLUSIONS 90. In 2006, the Special Rapporteur explained to the Human Rights Council that, working in close collaboration with others, he hoped to have sufficient resources to identify and examine the key features of a health system that were reflective of the international human right to health (see E/CN.4/2006/48, para. 21). In the interactive dialogue following the presentation of his report, the Special Rapporteur was encouraged to take this idea forward. Although the subject is extremely ambitious and his resources equally limited, the Special Rapporteur is trying to respond to this interest by beginning to explore this challenging issue. 91. The right to the highest attainable standard of health can be understood as a right to an effective and integrated health system, encompassing health care and the underlying determinants of health, which is responsive to national and local priorities, and accessible to all (see ibid., para. 4). More specifically, however, when looking at a health system from the right-to-health perspective, what are the key components that need to be present? For example, from a human rights perspective a health system will have to include an adequate system for the collection of health data; otherwise, it will be impossible for the State, or any other interested party, to monitor the progressive realization of the right to health. Moreover, the data must be disaggregated on certain grounds, such as sex, age and urban/rural, otherwise it will be impossible to monitor the progressive realization of the right to health in relation to vulnerable populations, such as women, children and those living in remote rural communities (see ibid., para. 49 (b)). 92. Also, from the right-to-health perspective, a health system will have to include a national capacity to produce a sufficient number of well-trained health workers who enjoy good terms and conditions of employment; a process for the preparation of right-to-health impact assessments before major health-related policies are finalized; arrangements for ensuring, as much as possible, “bottom-up” participation in the formulation of health policies; effective, transparent and accessible mechanisms of accountability; and so on. 93. These are some of the issues that the Special Rapporteur is beginning to explore with a view to identifying some of the key features of a health system from the right-to-health perspective. He invites others to support and collaborate with him in this very major undertaking and he hopes to have the opportunity to report further to the Council as this work unfolds.

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