A/HRC/8/WG.2/TF/2
page 19
73. For phase II of its Work Plan, the task force proposes to continue to follow developments
relating to the three partnerships considered in phase I and assess more thoroughly the Cotonou
Agreement.
1.
MDG Target 17: Access to affordable essential drugs
in developing countries
74. Target 17 reads “in cooperation with pharmaceutical companies, provide access to
affordable essential drugs in developing countries”. At its second session (2005), the task force
considered this target13 and welcomed the adoption of general comment No. 17 (2005) by the
Committee on Economic Social and Cultural Rights and considered that further reflection was
needed on the complex relationship between intellectual property and human rights with a view
to identifying criteria for the periodic evaluation of this aspect of MDG 8.14 At its current session
the task force felt it was appropriate to take up Target 17 during phase II of its Work Plan, not
only to address intellectual property but also because health figures prominently throughout the
MDGs.15 It is significant that, as noted by the Working Group on Access to Essential Medicines
of the Millennium Project’s Task Force on HIV/AIDS, Malaria, TB and Access to Essential
Medicines, “The lack of access to life-saving and health-supporting medicines for an estimated
2 billion poor people stands as a direct contradiction to the fundamental principle of health as a
human right.”16 Moreover, the examination of Target 17 would also allow the task force to apply
the criteria to an important dimension of international trade, namely, the intellectual property
regime both through the TRIPS Agreement of the WTO and numerous bilateral and regional free
trade agreements.
75. The pertinence of the subject is further underscored by the work of the Special Rapporteur
on the right of everyone to the enjoyment of the highest attainable standard of physical and
mental heath, who has prepared draft “Human Rights Guidelines for Pharmaceutical Companies
in Relation to Access to Medicines”,17 and by various advocacy and research initiatives.18
13
E/CN.4/2005/WG.18/TF/3, paras. 66-67.
14
Id., para. 67.
15
Three of the 8 MDGs, 8 of the 18 targets, and 18 of the 48 indicators relate directly to health.
16
United Nations Millennium Project, “Prescription for healthy development: increasing access
to medicines”, report of task force on HIV/AIDS, malaria, TB and access to essential medicines,
Working Group on Access to Essential Medicines, 2005, p. 1.
17
18
Text available at www2.essex.ac.uk/human_rights_centre/rth.shtm.
NGO initiatives include the Médecins Sans Frontiers (MSF) Campaign for Access to
Essential Medicines. Independent research initiatives include Management Sciences for Health
and its programme Strategies for Enhancing Access to Medicines. Building on the “Montréal
Statement on the Human Right to Essential Medicines”, adopted in 2005 at the University of
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