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society must be meaningfully involved as a partner in all levels of decision-making
and accountability. 12
30. Maximum available resources include domestic and international resources.
Increasing the budget for health may require reallocation of existing resources or
generating additional resources. The Sustainable Development Goals require States
to enhance capacity for tax and other revenue collection, including through
international cooperation. According to the human rights principles of
non-discrimination and equality, States should ensure the financing of health on the
basis of progressive tax systems with redistributive capacity that benefits poorer
householders. Other areas that are critical to ensuring maximum available resour ces
include debt and deficit financing, monetary policy and financial regulation
(A/HRC/26/28, para. 25).
31. All States have obligations under international law to take steps jointly and
separately through international assistance and cooperation towards the realization
of economic, social and cultural rights, including the right to health. 13 Beyond
financial and technical assistance, the human rights concept of international
assistance and cooperation includes developed States’ responsibility to work
“actively towards an international order that is conducive to the elimination of
poverty and the realization of the right to health” (A/59/422, para. 32).
32. The concept of international assistance and cooperation runs throughout the
Sustainable Development Goals and resonates strongly with the principles of global
equity, partnership and cooperation that animate the 2030 Agenda, as well as the Addis
Ababa Action Agenda of the Third International Conference on Financing for
Development. In addition, the human rights concept of international assistance and
cooperation provides legal reinforcement to Goal 17 on strengthening the means of
implementation to revitalize the Global Partnership for Sustainable Development,
including countries’ development commitments to fully implement their official
development assistance targets (target 17.2), mobilize additional financial resources
for developing countries (target 17.3) and assist them in addressing debt (target 17.4).
33. Developed/high-income countries have a duty to provide cooperation and
assistance to developing countries to support efforts to realize the right to health in
their respective roles as donors and in their roles as members of international and
regional development and financial organizations. 14 To comply with those
obligations, States have to respect the enjoyment of the right to health in other
countries and use their political or legal influence to prevent third parties from
violating that right in other countries.
34. Developing countries members of international financial organizations should
work to ensure protection of the right to health in those institutions ’ lending
policies, credit agreements and other international measures. 15 They also have an
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12
13
14
15
16-13597
Society for International Development, Transparency International — Kenya and Kenya Ethical
and Legal Issues Network, “Sealing corruption loopholes in Kenya’s health procurement
systems”, Policy Brief, No. 2 (April 2016).
Charter of the United Nations, Articles 55 and 56; Committee on Economic, Social and Cultural
Rights, general comments Nos. 2, 3 and 14.
Charter of the United Nations, Articles 55 and 56; Committee on Economic, Social and Cultural
Rights, general comment No. 3, para. 14.
Committee on Economic, Social and Cultural Rights, general comment No. 14, para. 39.
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