A/HRC/19/37
girls and include comprehensive targets on HIV prevention, treatment, and care that address
women’s subordination, violence and discrimination.
18.
In terms of funding the AIDS response, donors and States have an obligation to
ensure that the resources for HIV are commensurate with the realization of the right to the
highest attainable standard of physical and mental health to the extent of maximum
available resources. At a time of dwindling resources for HIV, the efficient use of resources
directed towards most affected populations will be critical. Among other things, the human
rights obligations relating to the right health includes ensuring the sustainability of access to
affordable and good quality lifesaving antiretroviral treatment for people already on
treatment; that those in need of treatment are able to receive it; and the availability of new
antiretroviral drugs that are less toxic, contain high barriers to drug resistance and require
minimal clinical monitoring while maintaining therapeutic efficacy.5
19.
The Charter of the United Nations, the Universal Declaration of Human Rights and
widely ratified international human rights treaties highlight the duty and importance of
international cooperation in realizing the right to the highest attainable standard of physical
and mental health. Countries that cannot realize this right within existing resources are
obliged to seek international assistance. Depending on the availability of resources, States
should facilitate access to essential health facilities, goods and services wherever possible
and provide the necessary aid when required.6 However, States also have a responsibility to
ensure that international funding sources for health do not replace domestic investments in
health systems and the fundamental need for an effective health infrastructure. In any
society, an effective health system is a core institution, no less than a fair justice system of a
democratic political system.7 Initiatives such as the one taken by African countries through
the adoption of the Abuja Declaration and Framework for Action for the Fight against
HIV/AIDS, Tuberculosis and Other Diseases on the allocation of at least 15 per cent of
their annual budget to the improvement of the health sector should be encouraged.
IV. Conclusions
20.
The 2011 Political Declaration on HIV and AIDS builds on previous
momentum in the global AIDS response and provides a catalytic framework to
transform the fourth decade of AIDS into an era of zero new infections, zero AIDSrelated deaths and zero discrimination. The renewed commitment of Member States
as detailed in the 2011 Political Declaration reflects lessons learned, incorporates new
challenges and demonstrates global solidarity for people living with and affected by
HIV. The following elements will be critical in sustaining the fragile gains that were
made during the first 30 years of AIDS: political leadership; revolutionizing HIV
prevention; ensuring that treatment is affordable, acceptable, accessible and of good
quality; sustainability and shared responsibility for investments in AIDS; and
advancing human rights for all including addressing discrimination associated with
HIV-related stigma, vulnerability and risk behaviours.
5
6
7
10
See UNAIDS/WHO, “The treatment 2.0 framework for action: catalysing the next phase of treatment,
care and support” (Geneva, 2011).
Committee on Economic Social and Cultural Rights, general comment No. 14 (2000) on the right to
the highest attainable standard of health (para. 39).
See report of the Special Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health (A/HRC/7/11).
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