A/68/297 A. Right to health framework in times of conflict, including armed conflict 9. States are obliged to utilize the maximum available resources towards the realization of economic social and cultural rights, including the right to health. An aspect of this obligation is that the right to health is progressively realizable. However, due to the destruction or diversion of resources to military or police needs, conflicts often reduce the availability of resources which may, at times, be detrimental to the right to health. 13 Even where resources are available, States may not be able to make use of them due to the insecurity and poor infrastructure in many conflict environments. 10. Nonetheless, progressive realization is a specific and continuous State obligation. It does not dilute certain immediate obligations of States, including taking concrete steps towards the full realization of the right to health to all, without discrimination and regardless of the status of persons as combatants or civilians. 11. Furthermore, the right to health framework imposes upon States certain core obligations. Core obligations are minimum essential levels of the right to health, non-compliance with which cannot be justified even in times of resource constraints as they are non-derogable. These include, inter alia, the obligation of States to ensure equitable distribution and access to health facilities, goods and services on a non-discriminatory basis, especially for vulnerable or marginalized groups; the obligation to provide essential medicines; and the obligation to formulate a national health plan or policy in a transparent and participatory way, taking into consideration the special needs of vulnerable populations. Therefore, even if conflicts result in resource constraints, States are required to ensure the availability, accessibility and acceptability of good quality health facilities, goods and services, especially to groups rendered vulnerable by conflict. 12. A crucial facet of the right to health framework is the effective participation of affected people and communities, especially vulnerable groups. Effective participation should be ensured in all phases of formulating, implementing and monitoring decisions which affect the realization and enjoyment of the right to health in times of conflict. However, policies thus formulated should not be limited to the views of the majority and should take into account the views and needs of the minority within the participating group. Involvement in decision-making processes empowers affected communities and ensures ownership of decisions and resources, which leads to sustainable systems and, potentially, the resolution of conflicts. The participation of affected populations ensures responsive and effective laws and policies by taking into consideration the needs of the people. This is of special significance in protracted conflict situations, in post-conflict situations, in areas with a constant military presence and in areas under occupation. Informed participation can only be ensured when affected populations have the ability to seek and disseminate information affecting their health. __________________ 13 13-42297 Solomon R. Benatar, “Global disparities in health and human rights: a critical commentary”, American Journal of Public Health, vol. 88, No. 2 (February 1998), p. 296; Barry S. Levy and Victor W. Sidel, “The health consequences of the diversion of resources to war and preparation for war”, Social Medicine, vol. 4, No. 3 (September 2009) p. 133. 5/24