A/68/297 with increased risks of misappropriation and monitoring difficulties being two reasons for this disparity. 103 B. Remedies 65. Prompt, effective and adequate remedies for violations are a key component of accountability. Under the right to health framework, any person or group whose right to health has been violated should have access to effective judicial or other appropriate remedies at both national and international levels, including adequate reparations, which may take the form of restitution, compensation, satisfaction or guarantees of non-repetition. States should provide effective, prompt and accessible means of claiming remedies within judicial and administrative systems. They should also ensure that peacebuilding processes such as amnesties, statutes of limitation or exemptions from civil or criminal action for military or police forces do not obstruct access to remedies, and provide means for claiming remedies against both State and non-State actors. 66. Remedies should not be limited to punitive actions against perpetrators but should also be directed towards restoring the right to health of affected persons and bridging the divisions in society that may arise from or give rise to continued conflict. As such, the remedies of satisfaction and guarantee of non-repetition, which include measures to cease current violations and prevent future violations as noted by the General Assembly in its resolution 60/147, are particularly important given the ongoing and systemic effects of conflict on the right to health. In the context of the right to health, guarantees of non-repetition include improving protection of health workers in conflict areas; providing clear codes of conduct on the appropriate use of medical facilities in conflict; training of, and awarenessraising among, appropriate actors, including law enforcement, on all aspects of the right to health; undertaking legal reforms including enacting laws that mandate non-interference with the impartial provision of health care; and setting up independent dispute settlement and monitoring systems. The remedy of satisfaction includes judicial and administrative sanctions, acknowledgement of wrongdoing, and effective measures to end continuing violations. 67. Remedial measures should involve removing discriminatory policies and laws, and formulating and implementing comprehensive national health plans to realize the right to health post-conflict. States should also provide platforms to heal the rifts in society caused by conflict. Mechanisms such as truth and reconciliation commissions, international and hybrid criminal tribunals, international and regional human rights mechanisms and fact-finding missions can provide important complements to judicial and administrative remedies at the national level in this regard. At all levels, the participation of affected communities in remedial processes is essential to ensuring a meaningful and sustainable resolution of the conflict. __________________ 103 22/24 Preeti Patel and others, “A review of global mechanisms for tracking official development assistance for health in countries affected by armed conflict”, Health Policy, vol. 100, Nos. 2-3 (2011), p. 117. 13-42297

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