A/HRC/11/12
page 4
Introduction
1.
In its resolution 6/29 of 14 December 2007, the Human Rights Council extended the
mandate of the Special Rapporteur on the right of everyone to the highest attainable standard of
physical and mental health (the right to health) for an additional three years. At its seventh
session held in June 2008, the Human Rights Council nominated Mr. Anand Grover (India) as
the Special Rapporteur. He assumed his duties on 1 August 2008, succeeding Mr. Paul Hunt
whose six-year tenure expired on 31 July 2008.
2.
In accordance with his mandate, the Special Rapporteur will continue to further develop
cooperation with relevant national and international actors such as Governments, national human
rights institutions, United Nations treaty bodies, international institutions, different agencies and
programmes and independent experts, as well as health professionals, academics, civil society
organizations, community-based organizations of affected peoples and other stakeholders.
3.
The Special Rapporteur would also like to develop close cooperation with relevant
government bodies to help them identify policies and programmes which promote the enjoyment
of the right to health. In this context, he underlines the importance of including rights holders,
particularly communities, in decision-making processes as they can offer a vast and diverse
perspective to various issues central to the right to health. He will therefore consult with affected
communities and concerned stakeholders around common goals to ensure the constant progress
of the enjoyment of the right to health.
4.
The Special Rapporteur intends to continue to promote, and encourage others to promote,
the right to health. Recognizing the work done in unpacking the issues relating to the right to
health and understanding the relation between health and human rights,1 he envisages further
developing the rights-based approach and the principles of equality, non-discrimination and
participation in the context of the right to health. The Special Rapporteur also aims to identify
best practices for the operationalization of the right to health.
5.
In this report, the Special Rapporteur explores the impact of the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS) and “TRIPS plus” standards on
access to medicines within the broader framework of the right to health. The Special Rapporteur
commends the work done by the former Special Rapporteur on the right to health and the Office
of the United Nations High Commissioner for Human Rights (OHCHR) on trade and intellectual
property issues relevant to the right to health.2 He found these reports highlighted the need for
TRIPS flexibilities to be implemented and noted the adverse impacts of free trade agreements
(FTAs) on access to medicines. The full use of TRIPS flexibilities can help countries meet their
obligations to protect, promote and fulfil the right to health by improving access to affordable
1
E/CN.4/2003/58, E/CN.4/2005/51, A/61/338.
2
E/CN.4/2004/49/Add.1, E/CN.4/Sub.2/2001/13.
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