A/HRC/29/44
(WHO), presented an overview of the WHO work on access to medicines which was one of
its six leadership priorities. Access to medicines could be rendered sustainable in the
context of universal health coverage and functioning health systems. It was an unequivocal
part of the human right to health and a complex issue involving multiple stakeholders,
determinants and perspectives. WHO strived to promote universal access to safe, effective
and high quality medicines that were prescribed and used rationally, and monitored by
appropriate regulatory mechanisms. Access to existing medicines (generic and patent)
should be improved and research and development for new essential medicines should
focus on improving health outcomes, not only returns on investment. The medical needs of
the most vulnerable must be met. Litigation on the right to health promoted access to
medicines.
13.
Dainius Pūras, Special Rapporteur on the right of everyone to the enjoyment of the
highest attainable standard of health, denounced widespread and crippling inequalities in
access to health services and medicines that had left 2 billion people without access to the
health products they needed. Ill health was both a cause and consequence of poverty and
access to medicines was a particularly pertinent problem in the developing world. States
must ensure that medicines were affordable and accessible on a non-discriminatory basis.
That required improved procurement and distribution globally, especially in developing
countries. Research and development in medicines for neglected diseases must be
improved. Although States had the primary responsibility for ensuring access to medicines,
including through domestic health policies, intellectual property laws and donor country
policies could also have major impacts. He discussed problems of medicine overuse and
misuse especially in relation to mental illness. Prescription of medicines, particularly
psychotropic medicines, should be part of a holistic approach to treatment.
14.
During the interactive dialogue, representatives of India, the Indian Council of South
America, the International Association for Hospice and Palliative Care and Rencontre
africaine pour la défense des droits de l’homme took the floor. The speakers highlighted
issues such as lack of access to effective pain relief medicines, the slow response to the
Ebola crisis, the failure of the intellectual property regime to protect traditional knowledge
from exploitation by pharmaceutical companies, and differences between challenges
relating to access to patented and generic drugs.
15.
In response, the Special Rapporteur on the right of everyone to the enjoyment of the
highest attainable standard of health observed that there were many lessons to learn from
the Ebola crisis. He called for improved response systems, mobilization of additional
resources, and improved health systems and infrastructure to prevent crises. Dr. Mirza
clarified the fact that the challenges in access to patented and generic drugs were the same,
but that the high prices of patented drugs posed an additional challenge. He suggested a
broader approach going beyond a focus on patented drugs and market failures, to also
recognize failures in public policy. Speaking on behalf of Mr. Khor, Germán Velásquez,
Special Adviser for Health and Development at the South Centre, suggested that WHO
employ article 19 of its Constitution to make binding decisions and deliver justice in access
to medicines.
C.
Improving health delivery systems in challenging contexts
16.
Abdul Majeed Siddiqi, Head of Mission, HealthNet TPO, Afghanistan, discussed
mental health treatment in fragile States. In Afghanistan, the work of HealthNet TPO since
2000 had included efforts to integrate mental health services in the health systems of
15 provinces on the basis of fact-finding, education and training, and policy advocacy.
However, approximately half the Afghan population suffered from mental health problems,
compared with 20 per cent in other developing countries, and only 2 per cent sought
6
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