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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