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.
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