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(a) On account of its grounding in law, widespread acceptance by the
international community and detailed framework of relevant norms and obligations,
the right to health can help legitimize policies and programmes that prevent
maternal mortality;
(b) The right-to-health principles of equality and non-discrimination have
three important roles to play in policies to reduce maternal mortality. First, they
underpin programmes that promote more equitable distribution of health care,
including provision in rural or poor areas, or areas with high indigenous or minority
populations. Second, they underpin prioritization of interventions — such as
emergency obstetric care — that can guarantee women’s enjoyment of the right to
health on the basis of non-discrimination and equality. Third, policies which
promote non-discrimination and equality — as well as dignity, cultural sensitivity,
privacy and confidentiality — in the clinical setting, can improve patient-provider
relationships and encourage women to seek health care;
(c) The right to health includes an entitlement to participate in health
policymaking at the local, national and international levels. Participation by relevant
stakeholders, including women, will help develop more effective and sustainable
programmes, reduce exclusion and enhance accountability;
(d) Monitoring and accountability are integral features of the right to health
and can help reduce maternal mortality. The right to health demands accountability
of various stakeholders, including health-care providers, local health authorities,
national Governments, international organizations and civil society.28 Accessible
and effective accountability mechanisms — including courts, tribunals, health
ombudsmen, impact assessments and policy review processes — can all help
enhance access to health care; and
(e) A right-to-health approach to reducing maternal mortality requires
appropriate indicators to monitor progress made, and to highlight where policy
adjustments may be needed. The scope of this report does not permit a detailed
analysis of which indicators are needed. The Special Rapporteur wishes to refer the
General Assembly to his report to the Commission on Human Rights
(E/CN.4/2006/48, paras. 22-61 and annex), which sets out a methodology for a
rights-based approach to health indicators, including in relation to the reproductive
health strategy endorsed by the World Health Assembly in May 2004.
29. In short, a policy that is animated by the right to health is likely to be
equitable, inclusive, non-discriminatory, participatory and evidence-based. In the
context of maternal mortality policies, these features help to empower women and
ensure that policies are likely to be sustainable, robust and effective.
30. Interventions to prevent maternal mortality — including family-planning
services, skilled attendants at birth and emergency obstetric care, and other sexual
and reproductive health services — are also imperative measures to prevent and
treat other causes of sexual and reproductive ill-health, including fistula and other
causes of maternal morbidity. A right-to-health approach to reducing maternal
mortality is therefore also likely to lead to improvements in sexual and reproductive
health, including maternal health.
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