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restitution, compensation, satisfaction or guarantees of non-repetition. National ombudsmen,
human rights commissions, consumer forums, patients’ rights associations or similar institutions
should address violations of the right to health.
60.
The incorporation in the domestic legal order of international instruments recognizing the
right to health can significantly enhance the scope and effectiveness of remedial measures and
should be encouraged in all cases.31 Incorporation enables courts to adjudicate violations of the
right to health, or at least its core obligations, by direct reference to the Covenant.
61.
Judges and members of the legal profession should be encouraged by States parties to
pay greater attention to violations of the right to health in the exercise of their functions.
62.
States parties should respect, protect, facilitate and promote the work of human rights
advocates and other members of civil society with a view to assisting vulnerable or marginalized
groups in the realization of their right to health.
V. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES
63.
The role of the United Nations agencies and programmes, and in particular the key
function assigned to WHO in realizing the right to health at the international, regional and
country levels, is of particular importance, as is the function of UNICEF in relation to the right to
health of children. When formulating and implementing their right to health national strategies,
States parties should avail themselves of technical assistance and cooperation of WHO. Further,
when preparing their reports, States parties should utilize the extensive information and advisory
services of WHO with regard to data collection, disaggregation, and the development of right to
health indicators and benchmarks.
64.
Moreover, coordinated efforts for the realization of the right to health should be
maintained to enhance the interaction among all the actors concerned, including the various
components of civil society. In conformity with articles 22 and 23 of the Covenant, WHO,
The International Labour Organization, the United Nations Development Programme, UNICEF,
the United Nations Population Fund, the World Bank, regional development banks, the
International Monetary Fund, the World Trade Organization and other relevant bodies within the
United Nations system, should cooperate effectively with States parties, building on their
respective expertise, in relation to the implementation of the right to health at the national level,
with due respect to their individual mandates. In particular, the international financial
institutions, notably the World Bank and the International Monetary Fund, should pay greater
attention to the protection of the right to health in their lending policies, credit agreements and
structural adjustment programmes. When examining the reports of States parties and their
ability to meet the obligations under article 12, the Committee will consider the effects of the
assistance provided by all other actors. The adoption of a human rights-based approach by
United Nations specialized agencies, programmes and bodies will greatly facilitate
implementation of the right to health. In the course of its examination of States parties’ reports,
the Committee will also consider the role of health professional associations and other
non-governmental organizations in relation to the States’ obligations under article 12.