A/79/177 drugs and other marginalized groups are intimately familiar with their communities’ needs and cultures, as well as the barriers to services and health. 134 62. Criminalization hampers participation, which further deepens the stigmatization, marginalization and discrimination that the most affected communities face. 135 Criminalization becomes a literal physical barrier to participation if people are incarcerated and/or excluded because of a criminal record. 136 63. As the main duty bearers for the realization of the right to health and related rights, States have an obligation to establish structures and mechanisms to facilitate the meaningful participation of people affected by policies. 137 B. Transparency and accountability 64. Accountability means that any person or group whose health and related rights have been violated should have access to effective judicial or other appropriate remedies and be entitled to reparation. 138 It includes having measures in place to help prevent violations of rights in the first place, through regulation, monitoring and potential sanctions. 139 65. Rights-based approaches to health and harm reduction programmes demand that clear accountability mechanisms are in place for decisions, review, complaints and redress. 140 Ensuring access to information about health and harm reduction policies ensures greater accountability. Transparency “acts as a check against arbitrary decisions that may be taken by States and pre-empts violations of the right to health”. 141 66. Some industries have used stakeholder consultation processes to block, weaken and challenge policies, directly or through front groups, and have also used industry funded misleading evidence, 142 all of which makes it challenging for lawmakers to adopt evidence-based public health and environmental protection policies without the direct influence of industries. 67. Legitimate engagement with industry does not require that corporations be given such a prominent seat at the policymaking table, but instead requires that conflicts of interest are actively prevented and managed within health policy. 143 __________________ 134 135 136 137 138 139 140 141 142 143 24-13226 Ann Fordham, “The meaningful participation of ‘stakeholders’ in global drug policy debates: a policy comment”, Drug Policies and Development, vol. 12 (2020), para. 21; and WHO and others, Implementing Comprehensive HIV/STI Programmes with Sex Workers: Practical Approaches from Collaborative Interventions (Geneva, WHO, 2013). Fordham, “The meaningful participation of ‘stakeholders’”, para. 21. Ibid., paras. 20–23. E/C.12/2000/4, para. 54; and A/65/255, para. 70. E/C.12/2000/4, para. 59. Ibid., para. 56. Sofia Gruskin, Dina Bogecho and Laura Ferguson, “‘Rights-based approaches’ to health policies and programmes: articulations, ambiguities, and assessment”, Journal of Public Health Policy, vol. 31 (2010). A/HRC/26/31, para. 52. Anna B. Gilmore and others, “Defining and conceptualizing the commercial determinants of health”, The Lancet, vol. 401, No. 10383 (April 2023). Anna B. Gilmore and others, “Public health, corporations and the New Responsibility Deal: promoting partnerships with vectors of disease?”, Journal of Public Health, vol. 33, No. 1 (2011). 15/28