A/71/304
and is underresourced. In addition, reporting to the high -level political forum is
voluntary.
67. Another key mechanism is the Independent Accountability Panel, appointed
earlier in 2016, which will monitor progress towards the Global Strategy for
Women’s, Children’s and Adolescents’ Health. The Special Rapporteur welcomes
the appointment of the Panel and will follow its work with interest.
68. International human rights mechanisms, including the universal periodic
review and independent mechanisms such as the treaty bodies and the special
procedures of the Human Rights Council, should consider the role that the
Sustainable Development Goals can play in supporting the realization of the ri ght to
health and address obstacles to the enjoyment of the right to health that arise in the
context of the Goals. The reviews undertaken by those bodies should be considered
by the high-level political forum and the Independent Accountability Panel, and vice
versa.
69. At the national level, and increasingly at the regional and global levels,
judicial and quasi-judicial reviews are playing a role in supporting accountability
for the right to health, including on issues at the heart of the Sustainable
Development Goals, such as HIV/AIDS and maternal mortality. Litigation can play
a special and potentially transformative role where the right to health has been
violated.
Remedies and redress
70. Remedies and redress are an essential dimension of human r ights
accountability but are completely neglected in the 2030 Agenda. Remedies can be
understood as “measures to put things right, as far as possible, if they have not gone
as promised or planned”. 35 Where States are failing to meet their human rights
obligations in the context of the Sustainable Development Goals, duty bearers are
under an obligation to act.
71. Satisfaction and guarantees of non-repetition are critical to ensuring
non-repetition and include, at the national and subnational levels, legislation,
judicial remedies and redress, monitoring and enforcement mechanisms,
improvements in policy formulation, budgets and planning, and right -to-health
training of relevant duty bearers. Review processes should make recommendations
for such remedies, and duty bearers should act on them. At the same time, remedies
should be available to individuals whose right to health has been violated. Some
remedies, such as restitution, rehabilitation and compensation, focus on redressing
harm to individual or group rights holders. Judicial remedies are extremely
important for redressing violations, and States and other actors should implement
relevant recommendations.
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The Partnership for Maternal, Newborn and Child Health, “A review of global accountability
mechanisms”, in Maternal Mortality, Human Rights and Accountability, Paul Hunt and Tony
Gray, eds. (Abingdon, United Kingdom, Routledge, 2013).
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