A/69/299 74. The Special Rapporteur recommends that States ratify the Optional Protocols to the International Covenant on Economic, Social and Cultural Rights and to the Convention on the Rights of the Child on a communications procedure, thereby recognizing the competence of the respective committees to consider individual communications with a view to ensuring the availability of an international adjudicatory mechanism for individuals whose right to health has been violated. The Special Rapporteur further recommends that States recognize the competence of the Committee on Economic, Social and Cultural Rights to receive and consider inter-State communications. 75. With regard to the State’s progressively realizable obligations under the right to health, the Special Rapporteur recommends that: (a) The term “available resources” be clarified to guide States and assist adjudicators in determining whether the amount of available resources proffered by States is accurate; (b) Available resources include the maximum amount of resources that can be allocated to a specific health goal without compromising other essential services; (c) The amount of resources available to States be subject to scrutiny through a review of States’ budgets and efforts to mobilize additional resources; (d) To facilitate a full and fair review, States should make public, including to adjudicators, information regarding the calculation of their available resources, budgetary allocations and efforts to increase the available resources in an open and transparent manner; (e) States’ available resources be determined to be efficiently allocated by focusing on the reasonableness of the policymaking, with special attention paid to the effect on vulnerable groups, and the transparency and participatory nature of such process; (f) States deliver benefits promised under health-care programmes with regard to health facilities, goods and services. Failure to deliver, or the diversion of funds, may be considered a violation of States’ right-to-health obligations. 76. The Special Rapporteur recommends the adoption of an international treaty that will: (a) Confer specific, binding human rights obligations, including the right to health, on transnational corporations; (b) Prevent investors from encroaching on States’ policymaking space; (c) Provide for an accessible and effective adjudicatory forum where States and individuals can hold transnational corporations accountable for violations of the right to health. 77. The Special Rapporteur also recommends that, until an international treaty is formulated, States adopt a declaration on human rights obligations of transnational corporations. 14-59014 21/22