A/HRC/7/30
page 5
Introduction
1.
In its decision 2/107, the Human Rights Council recognized that access to medication in
the context of pandemics such as HIV/AIDS, tuberculosis and malaria is one fundamental
element for achieving progressively the full realization of the right of everyone to the enjoyment
of the highest attainable standard of physical and mental health. The Human Rights Council
requested the Secretary-General to solicit comments from Governments, United Nations organs,
programmes and specialized agencies, and international and non-governmental organizations on
the steps they have taken to promote and implement, where applicable, the decision and to report
on these to the Council at any session after its fourth session.
2.
The present report summarizes replies received from the Governments of Albania,
Argentina, Bosnia and Herzegovina, Canada, Croatia, Cuba, El Salvador, Germany, Greece,
Mexico, Morocco, Poland, Spain, Thailand, Qatar, as well as from the Office of the
United Nations High Commissioner for Human Rights (OHCHR), the World Health
Organization (WHO) and the World Trade Organization (WTO). Contributions were also
received from AIDS Information Switzerland, Caritas Internationalis and Conectas Direitos
Humanos. Complete replies are available for consultation at the Secretariat.
I. CONTRIBUTIONS FROM STATES
3.
The Government of Albania reported on its efforts to protect people living with HIV,
including through various policies and legislation. An increase in HIV prevalence was noted,
with 32 new cases reported as at August 2007 out of a total of 243. There were 500 new cases of
tuberculosis in 2006 with regional differences in epidemiology. Over 85 per cent of the new
cases of tuberculosis were successfully treated and funding from the Global Fund to Fight AIDS,
Tuberculosis and Malaria (The Global Fund) is expected to improve the prevention and
treatment of tuberculosis.
4.
The Government of Argentina referred to developments in relation to the TRIPS
Agreement and the utility of the flexibility it provides to issue compulsory licences. The WTO
General Council decision of 30 August 2003 that allows members to import patented products or
products manufactured through a patented process in the pharmaceutical sector was also referred
to as a useful mechanism for facilitating access to medicines. Argentina has played an active part
in these negotiations and is currently considering ratification of the WTO General Council
decision. With reference to the WHO’s Intergovernmental Working Group on Public Health,
Innovation and Intellectual Property, the Government participated in regional discussions on the
development of the Working Group’s global strategy. Argentina submitted information on
human rights in relation to health and the priority that the right to health has over commercial
interests.
5.
In May 2006, Argentina, together with nine other Latin American countries, signed a
declaration on intellectual property, access to medicines and public health in which they
reaffirmed their commitment to implement the Doha Declaration, in particular the WTO
General Council decision. Argentina also subscribes to the UNESCO Universal Declaration on
Bioethics and Human Rights of October 2005, including the principles of full respect for human
dignity and priority to the welfare of the individual over the interest of science or society.
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