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95. The right to health makes a number of important contributions to the
struggle against maternal mortality and to improve access to medicines. It
sharpens analysis of the causes, as well as the responsibilities of various
stakeholders. Policies informed by the right to health are likely to be more
equitable, sustainable and effective. This contribution is already recognized in
the context of some maternal health policies and programmes. In relation to
policymaking about medicines, there is also a growing appreciation of the
positive contribution that can be made by taking into account the right to the
highest attainable standard of health.
96. Additionally, experience confirms that traditional human rights
techniques, including “naming and shaming” and taking court cases, continue
to have an indispensable role to play in the realization of various elements of
the right to health, not least access to medicines.
Notes
22
1
UNFPA website, http://www.unfpa.org/mothers/statistics.htm.
2
Who’s Got the Power? Transforming Health Systems for Women and Children, Millennium
Project, Task Force on Child Health and Maternal Health, 2005.
3
See, for example, Wirth, M. et al, “Setting the Stage for Equity-sensitive Monitoring of the
Maternal and Child Health MDGs”, 84 (7) WHO Bulletin, July 2006.
4
Millennium Project, op. cit. at note 3.
5
Unsafe Abortion: Global and Regional Estimates of Incidence of Unsafe Abortion and
Associated Mortality in 2000, WHO, 2004.
6
Wagstaff, A., and Claeson, M., The Millennium Development Goals for health: rising to the
challenges, World Bank, 2004.
7
UNICEF statistics, 2003, reported in Bernstein, S., Public Choices, Private Decisions: Sexual
and Reproductive Health and the MDGs, Millennium Project, 2006.
8
See Yamin, A., Maine, D., “Maternal mortality as a human rights issue: measuring compliance
with international treaty obligations”, 21 (3) Human Rights Quarterly, 1999.
9
World health report 2005: making every mother and child count, WHO, 2005.
10
E.g., Cook, R., Dickens, B., et al, Advancing Safe Motherhood Through Human Rights, WHO,
2001; International policy on sexual and reproductive health and rights, Swedish International
Development Cooperation Agency, 2006; Freedman, L., “Human rights, constructive
accountability and maternal mortality in the Dominican Republic: a commentary”, 82
International Journal of Gynaecology and Obstetrics, 2003; Yamin, A., Maine, D., op. cit.
11
See International Covenant on Economic, Social and Cultural Rights (ICESCR), articles 10 and
12; Convention on the Elimination of All Forms of Discrimination against Women, article 14.
12
See Committee on Economic, Social and Cultural Rights (CESCR), general comment 14, paras.
14, 21, Committee on the Elimination of All Forms of Discrimination against Women, general
recommendation 24, para. 27; ICPD, para. 8.25.
13
Freedman, L., “Achieving the MDGs: health systems as core social institutions”, Development,
2005; World Health Report 2005, WHO.
14
Millennium Project, op. cit., note 3.
15
CESCR, general comment 14, para. 12.
16
Millennium Project, op. cit., note 3.
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