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102. In some States, the private health sector, while playing a very important role, is largely
unregulated. Crucially, the requirement of human rights accountability extends to both the public
and private health sectors. Additionally, it is not confined to national bodies; it also extends to
international actors working on health-related issues.
103. Accountability mechanisms are urgently needed for all those - public, private, national and
international - working on health-related issues. The design of appropriate, independent
accountability mechanisms demands creativity and imagination. Often associated with
accountability, lawyers must be willing to understand the distinctive characteristics and
challenges of health systems, and learn from the rich experience of medicine and public health.
104. The issue of accountability gives rise to two related points.
105. First, the right to the highest attainable standard of health should be recognized in national
law. This is very important because such recognition gives rise to legal accountability for those
with responsibilities for health systems. As is well known, the right is recognized in the
Constitution of WHO, as well as the Declaration of Alma-Ata. It is also recognized in numerous
binding international human rights treaties, including the Convention on the Rights of the Child,
which has been ratified by every State in the world, except for two (the United States of America
and Somalia). The right to the highest attainable standard of health is also protected by numerous
national constitutions. It should be recognized in the national law of all States.
106. Second, although important, legal recognition of the right to the highest attainable standard
of health is usually confined to a very general formulation that does not set out in any detail what
is required of those with responsibilities for health. For this reason, a State must not only
recognize the right to health in national law but also ensure that there are more detailed
provisions clarifying what society expects by way of health-related services and facilities. For
example, there will have to be provisions relating to water quality and quantity, blood safety,
essential medicines, the quality of medical care, and numerous other issues encompassed by the
right to the highest attainable standard of health. Such clarification may be provided by laws,
regulations, protocols, guidelines, codes of conduct and so on. WHO has published important
standards on a range of health issues. Obviously, clarification is important for providers, so they
know what is expected of them. It is also important for those for whom the service or facility is
intended, so they know what they can legitimately expect. Once the standards are reasonably
clear, it is easier (and fairer) to hold accountable those with responsibilities for their
achievement.
3. Conclusion
107. In summary, there is a legal obligation arising from the right to the highest attainable
standard of health to ensure that there is an up-to-date development plan for human resources in
health; programmes to recruit from disadvantaged populations; an adequate number of
domestically trained health workers (subject to progressive realization and resource availability);
domestically competitive salaries for health workers; incentives to work in underserved areas;
and so on. In the context of health planning, there is a legal obligation to ensure that the process
is participatory and transparent; addresses the health needs of disadvantaged individuals,
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