HEALTH RIGHTS
Local capacity and participation
The rhetoric of ‘participation’ is often used by international finance institutions
and governments. Minorities and indigenous peoples can take advantage of stated
commitments to gain a seat at the table, demand consultation and have genuine
input into policy decisions and programmes affecting their health and well-being.
In order to participate effectively and influence local, national and international
decision-making, community members require the necessary information and
support. Building local capacity around health and a healthy environment as rights
issues are fundamental to making lasting gains.
Governmental allies
Sometimes it is more productive to provide or obtain technical support for the
government than to denounce actions or inaction. Different actors within the
government can prove to be valuable allies. Elected representatives, as well as
sympathetic ministers or officials at the local level, can play key roles in obtaining
funding for regulatory and oversight agencies, securing information and investigating facts, as well as influencing other important actors.
Non-state actors
Often governments have neither the political will nor the resources to protect the
rights to health and a healthy environment. Further, trade agreements, loan
conditions, and intellectual property regimes can significantly limit their capacity
to adopt protective measures. Although it is more difficult to hold IFIs and TNCs
legally accountable for human rights violations, it can be equally effective to hold
them politically and ethically accountable, in order to secure a change of policy or
conduct.38
Campaigns and legal action
Domestic litigation and international petitions can establish the principle of
enforceability and provide remedies in specific cases. They can also draw media
attention, affect public perceptions, mobilize communities and put pressure on the
government and private actors. It is sometimes more fruitful to draw attention to
health rights through an illustrative case. Conversely, to be effective, legal strategies
should always be situated in larger campaigns that include public outreach and
education, and political organizing.
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