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s.Two Implementation and Accountability, 7 Monitoring and Review to Assess Human Rights Implementation

Benjamin Mason Meier, Hanna Huffstetler, Judith Bueno de Mesquita

From: Foundations of Global Health & Human Rights

Edited By: Lawrence O. Gostin, Benjamin Mason Meier

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 08 December 2023

This chapter analyzes the fundamental importance of monitoring and review procedures to assess the implementation of human rights to advance public health. Recognizing monitoring and review as central to human rights accountability, the evolving functions of human rights monitoring highlight the range of national, regional, and international review mechanisms that provide oversight to support the realization of health-related human rights. While these mechanisms often do not have judicial powers—their recommendations are advisory rather than legally binding—the interpretive role entrusted to these review procedures has endowed their health-related recommendations with legitimacy in clarifying human rights treaty provisions and reviewing state efforts to meet treaty obligations. Assessing the implementation of international human rights law through national practice, monitoring institutions can facilitate human rights accountability for public health promotion and operationalize public health data to press governments to implement rights.

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