A/HRC/11/12
page 6
and apply to health-related laws, policies, programmes and practices. 4 Key elements
of the analytical framework relevant to this report include the propositions that:
(a) All health services, goods and facilities shall be available, accessible, acceptable and
of good quality. In the context of access to medicines this requires States to ensure that
medicines are available, accessible, culturally acceptable, and of good quality;
(b)
States have a duty to respect, protect and fulfil the right to health.
Furthermore, the Committee’s general comment No. 14 (2000) on the right to the highest
attainable standard of health reaffirms the framework as it adopts the aforesaid key elements of
the right to health. In this regard, medical care in the event of sickness, as well as the prevention,
treatment and control of diseases, are central features of the right to health. These features
depend upon access to medicines. Therefore, access to medicines forms an indispensable part of
the right to health.5
11. States have an obligation under the right to health to ensure that medicines are available,
financially affordable, and physically accessible on a basis of non-discrimination to everyone
within their jurisdiction. Developed States also have a responsibility to take steps towards the
full realization of the right to health through international assistance and cooperation.6 Moreover,
all States parties to the International Covenant on Economic, Social and Cultural Rights have a
legal obligation not to interfere with the rights conferred under the Universal Declaration of
Human Rights and the Covenant, including the right to health.7
A. State of health and access to medicines
12. Health trends indicate that despite progress made in the last 30 years, massive inequalities
remain in access to health services and medicines around the world.8 “Diseases of poverty”
(i.e. communicable, maternal, perinatal, and nutritional diseases) still account for 50 per cent of
4
See for instance, World Health Organization, Human Rights, Health and Poverty Reduction
Strategies, (Geneva, 2005); Physicians for Human Rights, Deadly Delays: Maternal Mortality in
Peru, (Boston, 2007).
5
A/61/338, para. 40.
6
E/CN.4/2004/49/Add.1, para. 28.
7
Article 30 of the Universal Declaration of Human Rights, article 5 of the International
Covenant on Economic, Social and Cultural Rights.
8
WHO, World Health Report, Primary Health Care Now More than Ever (Geneva, 2008).
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