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Table 3 Questions to elicit the working of legal accountability

From: When accountability meets power: realizing sexual and reproductive health and rights

Identifying which sexual or reproductive rights have been violated

 • Identify the elements of the rights violated and identify the problems that led to the violation

 • Identify the factors that led to the victim’s mortality or morbidity e.g. age, existing conditions; knowledge of rights; access to services; availability of services needed at the facility

Responsibilities of the duty bearer

 • Assess whether the government (identify which body of the government in particular) may be accused of failing to:

  o provide the required services;

  o attend to the underlying determinants of health;

  o invest in programs to raise awareness of sexual and reproductive health rights;

  o take concrete, targeted steps to realise the right;

  o provide information and opportunities for residents to participate in decision-making regarding the quality and provision of services; and

  o uphold other human rights including the right to education.

Applicable national laws and policies

 • Do the policies show how the government is planning to extend health care to all areas?

 • What information about SRHR services and disease burden is available?

 • Are there statistics relating to the district or local levels?

 • Does this information show discrimination in favour of cities or areas where richer people live?

 • What are the main causes of SRHR related mortality reported in the census or demographic health data?

 • Does the government have plans and projects to deal with these?

 • What is the condition of SRHR services in the area where the victim resides?

 • Are they adequately staffed and equipped?

 • Is there a system for making a complaint about health services?

 • What has the government done to provide or improve SRH services?

Actions or omissions violating SRHR

 • What national law (if any) has been broken and how?

 • What regional and international standards apply?

 • Which human rights obligations has the government failed to carry out?

 • Under which article of the law or treaty?

Refer, as appropriate, to General Comment 14, 22 or other sources or to relevant decisions of national courts or accountability mechanisms.