A/HRC/36/19
negotiate global agreements on the coordination, financing and development of health
technology. That included negotiations for a convention on research and development that
delinked the costs associated with such activities from end prices in order to promote access
to health technologies. A number of representatives suggested that more attention should be
given to engaging the pharmaceutical companies in efforts to ensure greater access to
medicines.
36.
Shadowing the concerns of the Panel report, many representatives of States
underlined the importance of cooperation and coordinated action at all levels to ensure
access to medicines. Several delegations urged UNCTAD to continue its cooperation
programmes with small vulnerable economies. They also highlighted that countries should
cooperate, and there needed to be a call on pharmaceutical companies to cooperate with
United Nations agencies.
37.
A few representatives, however, regretted the panellists’ strong focus on the Panel
report. They pointed out that access to medicines, as covered in Human Rights Council
resolution 32/15, was broader than the issues that had been raised in the Panel report. One
representative argued that the panellists’ narrow focus deprived States of an opportunity to
consider the reasons why essential medicines that were off-patent were not reaching
patients in certain countries. Other possible barriers to consider included inappropriate tax
and tariff policies, inadequate health systems, insufficient access to financing and lack of
procurement systems.
38.
Among some of the general challenges limiting access to medicines that were
mentioned were lack of staff, discrimination, stigma, exclusion, limited supply chains,
conflict zones and the related problems of providing humanitarian assistance to stricken
communities. One representative drew attention to the imposition of unilateral coercive
measures and the impact that had had on people who were in vital need of medicines. The
representative asked panellists to address how such measures and/or sanctions had violated
the right to health.
IV. Conclusions
39.
In their concluding comments, the panellists again focused on the intellectual
property regime and the need for more coherence so that the right to health was
respected and protected. While stressing the importance of the intellectual property
system in ensuring innovation, some panellists articulated the need to “flex the
flexibilities”. In demonstrating the benefits that competition could bring, Mr. Kirby
cited the example of HIV/AIDS antiretrovirals, which had initially cost each patient
$10,000 a year. The price had substantially decreased once competition had been
introduced by allowing generics to be legally produced.
40.
Several panellists highlighted the need to make sure that economic
considerations were no longer prioritized over human rights. They also highlighted
the need for improved transparency of both costs and pricing, and called on States to
require health technology companies to reveal their actual investment in research and
development. They asked Governments to disclose the price they paid for medicines
and health technologies. Ms. Kieny noted the phenomenon of social value-based
pricing when prices were not based on cost but on perceived social value. The prices of
drugs to treat hepatitis C, for instance, were not indexed to research and development
but to the cost of a liver transplant.
41.
With regard to the possible convening of a special session of the General
Assembly on that topic, Mr. Zhan stressed that there was a need to gather the views of
stakeholders, including Governments and pharmaceutical industries, on the
fundamental changes that needed to be made to the current model. He asked, for
instance, what other models of funding were possible, such as push mechanisms (for
example, grants) and pull mechanisms (for example, tax breaks). Panellists reiterated
the call for the Secretary-General to establish an inter-agency task force on health
technology innovation and access.
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