Human Rights Council
Decision 2/107.
Access to medication in the context of pandemics
such as HIV/AIDS, tuberculosis and malaria
The Human Rights Council decides to adopt the following text:
“The Human Rights Council recalls all the resolutions concerning
access to medication in the context of pandemics such as HIV/AIDS,
tuberculosis and malaria that were adopted by the Commission on Human
Rights;
“Considers paragraph 6 of General Assembly resolution 60/251 of 15
March 2006 establishing the Human Rights Council;
“Notes the report of the World Health Organization Commission on
Intellectual Property Rights Innovation and Public Health;
“Also notes the World Health Assembly resolution 59.24 of 27 May
2006 establishing the Intergovernmental Working Group on Public Health,
Innovation, Essential Health Research and Intellectual Property Rights;
“Requests the Secretary-General to continue 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 improve access to medication in the context of pandemics such as
HIV/AIDS, tuberculosis and malaria and to submit a report thereon to the
Council at any session after its fourth session;
“Requests the Secretary-General, when submitting his report to the
Human Rights Council at any session after its fourth session, based on
consultations with Governments, United Nations organs, programmes,
specialized agencies, intergovernmental and non-governmental organizations
and private sector, to include a study on the exploration of new and innovative
financing mechanisms, bearing in mind the existing ones, which can help to
improve the access to medication that fight those pandemics, from the
perspective of human rights;
“Also requests the Secretary-General, when submitting his report to the
Human Rights Council at any session after its fourth session, taking into
consideration the discussions carried out in the WHO Intergovernmental
Working Group on Public Health, Innovation, Essential Health Research and
Intellectual Property Rights and in consultations with Governments, United
Nations organs, programmes, specialized agencies, intergovernmental and
non-governmental organizations and private sector, to include an assessment
of the impacts of intellectual property rights on access to medication in the
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