NEW YORK - A UN expert today affirmed that the right to health is not merely an aspiration, but a legally protected right that must be accompanied by effective remedies when violations occur.
"Justice is a precondition for health," said Mariângela Simão, the Special Rapporteur on the right to health. "When remedies are available, rights become meaningful; when accountability exists, obligations become real."
The report to the General Assembly, prepared by Simão's predecessor, examines the role of legal and accountability frameworks in advancing the realisation of the right to health and ensuring access to effective remedies when health rights are violated.
"Judicial, quasi-judicial and administrative mechanisms can contribute to accountability, while recognising the need to strengthen broader structural and institutional safeguards," the expert said.
The report calls for access to independent bodies capable of determining violations and providing appropriate forms of reparation and highlights the importance of preventive measures, public health regulation and broader accountability mechanisms.
"Everyone must have access to effective remedies when their right to health is violated," Simão said. "A right-to-health approach requires the law to account for the multiple, intersecting factors that affect health."
The report highlights the importance of accessible, independent and effective mechanisms for redress, particularly for individuals and communities facing discrimination, exclusion or other barriers to justice. It underscores that accountability is not limited to courts, but includes a range of institutions and processes aimed at preventing violations, providing remedies and promoting systemic change.
"A rights-based approach to health requires meaningful participation, transparency and accountability at all levels of decision-making," the expert said.
Simão said she stands ready to continue the mandate's work, building on the achievements and legacy of her predecessor, Tlaleng Mofokeng, while addressing emerging challenges to the realisation of the right to health.
