A/HRC/RES/12/27
page 6
11. Recalls the Global Strategy and Plan of Action on Public Health, Innovation and
Intellectual Property of the World Health Assembly, and urges States, relevant international
organizations and other relevant stakeholders to support actively its wide implementation, in
particular in the context of HIV/AIDS and opportunistic infections;
12. Encourages all States to apply measures and procedures to enforce intellectual
property rights in a manner that avoids the creation of barriers to legitimate trade of medicines,
and to provide for safeguards against the abuse of such measures and procedures;
13. Urges all States to consider taking the steps necessary towards the elimination of
criminal and other laws that are counterproductive to HIV prevention, treatment, care and
support efforts, including laws directly mandating disclosure of HIV status or that violate the
human rights of people living with HIV and members of key populations affected by the
epidemic, and also urges States to consider the enactment of laws protecting these persons from
discrimination in HIV prevention, treatment, care and support efforts;
14. Invites the human rights treaty bodies, when considering reports submitted by States
parties, to give particular attention to the protection of human rights in the context of HIV/AIDS,
and invites States to include appropriate relevant information in the reports they submit to the
relevant treaty bodies;
15. Invites all special procedures, in particular the Special Rapporteur on the right of
everyone to the enjoyment of the highest attainable standard of physical and mental health,
within their existing mandates, to contribute to the analysis of the human rights dimensions of
the HIV/AIDS epidemic, which particularly affects developing countries;
16. Encourages all States to consider including appropriate information on human rights
in the context of HIV/AIDS in the national report to be submitted to the Council in the
framework of the universal periodic review mechanism;
17. Requests the Secretary-General to prepare an analytical study based on comments
from Governments, United Nations organs, programmes and specialized agencies, particularly
the Joint United Nations Programme on HIV/AIDS and its co-sponsor agencies, in cooperation
with relevant bodies of the United Nations system, including the Office of the High
Commissioner and international and non-governmental organizations, on the steps taken to
promote and implement programmes to address HIV/AIDS-related human rights, as referred to
in the Guidelines, the Declaration of Commitment on HIV/AIDS of 2001, the Political
Declaration on HIV/AIDS of 2006 and the present resolution, in the context of efforts towards
the goal of universal access to HIV prevention, treatment, care and support, and to submit, in
consultation with interested parties, a progress report to the Council for consideration at its
sixteenth session.
32nd meeting
2 October 2009
[Adopted without a vote.]
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