A/HRC/4/28 page 15 III. CASES ON THE RIGHT TO HEALTH AND OTHER HEALTH-RELATED RIGHTS A. Introduction 55. Because the right to the highest attainable standard of health is so extensive and complex, a top priority is to clarify the scope of the right to health and other health-related rights. There are several ways of doing this, including through the case law of bodies with responsibility for interpreting human rights. This section includes a sample of cases that signal what various national, regional and international tribunals understand health-related rights to mean. 56. Some of the cases interpret the right to the highest attainable standard of health in terms of either the right to health care (e.g. access to emergency medical treatment), or the underlying determinants of health (e.g. access to uncontaminated food). Both dimensions of the right to health are crucial. Some of the cases rely upon health-related rights (e.g. the right to life) where interpreted by the courts to protect health. Although the right to health is enshrined in an increasing number of constitutions, even more jurisdictions recognize health-related rights. Some of the cases rely upon both the right to health and other health-related rights.41 57. Unless supported by some form of accountability, human rights run the risk of becoming mere window dressing. There are many forms of accountability. While some are general (e.g. fair elections, a free press), others are specific to human rights (e.g. inquiries by national human rights institutions). While some are judicial (e.g. bills of rights enforceable in the courts), others are administrative (e.g. human right impact assessments). While some are national (e.g. a constitutional court), others are international (e.g. a human rights treaty body). Within each State there will have to be a range of accountability mechanisms. Just as the forms of accountability are likely to vary from one State to another, so will the appropriate mix. All mechanisms of accountability should be accessible, transparent and effective. 58. This chapter focuses on just one form of accountability: judicial accountability. The limitations of judicial processes are well known. However, as the following cases illustrate, courts can clarify the meaning of health-related rights and also secure better health-related services for individuals and communities. The cases are broadly grouped under some of the key concepts found in international human rights law.42 B. Progressive realization, resource availability and immediate obligations 59. According to international - and some national - human rights law, the right to the highest attainable standard of health is subject to progressive realization and resource availability.43 Put simply, progressive realization means that States are expected to do better next year than they are doing today, while resource availability acknowledges that what is required of a rich country is of a higher standard than what is required of a low - or middle-income country. 60. The Constitution of South Africa includes a Bill of Rights that recognizes the right of access to health-care services.44 According to the Bill of Rights, the State is required to take reasonable measures, within its available resources, to achieve the progressive realization of this human right. The case of Minister of Health v. Treatment Action Campaign concerned State