A/HRC/29/44
efforts had resulted in substantially lower prices for antiretroviral therapies. Nevertheless,
affordability remained a major problem. He called for national, regional and global action
to address the human rights implications of the intellectual property regime, including
expansion of TRIPS flexibilities, increased use of voluntary licensing mechanisms and
international support to promote progress towards trade agreements that improved access.
9.
Stephen Lewis, Co-Director of AIDS-Free World, discussed affordability and the
responsibilities of pharmaceutical companies. He decried a system that allowed companies
to charge tens of thousands of dollars for treatment with a production cost of only around
100 dollars, wherein companies intensively lobbied governments to protect the status quo.
Emphatic that balance sheets must not be prioritized over human lives, Mr. Lewis recalled
the recommendation of the Global Commission on HIV and the Law to convene a neutral
high-level body to develop a new intellectual property regime for pharmaceutical products,
and to place a moratorium on patent protection of medicines in future free-trade
agreements. He proposed five steps to increase access to medicines: (a) use the proposed
sustainable development goals, especially goal 3.8, to put pressure on governments;
(b) litigate against pharmaceutical companies; (c) integrate right to health considerations in
trade negotiations; (d) form alliances to raise awareness of cost and accessibility issues;
(e) support OHCHR in its efforts to encourage governments to fund health care.
10.
In the general statements segment, representatives of Brazil, Chile, China,
Colombia, Cuba, India, Pakistan, South Africa, Sri Lanka, Thailand, the Bolivarian
Republic of Venezuela, the Holy See, the Ariel Foundation International and Autistic
Minority International intervened. States highlighted measures at the national level for
ensuring access to medicines. They emphasized that health concerns must prevail over
intellectual property rights and commercial interests and called for flexibility in the TRIPS
Agreement. Other issues raised included: quality of medicines; production of generics;
supporting local capacity; inequality between States and the resulting impact on access;
mental health; overprescription; international cooperation; public-private partnerships;
benefits of healthy populations to development; links between health costs and poverty;
investment and innovation; mobilizing resources to combat disease in developing countries;
medication for children; youth participation in relevant discussions; black markets; healthcare laws and policies.
B.
Overview of access to medicines in the context of the right to health
11.
Martin Khor, Executive Director of the South Centre, described access to medicines
as a cornerstone of the enjoyment of the rights to health and life. Key barriers included
investment treaties and regional agreements limiting TRIPS flexibilities, reduced
government revenues owing to economic situations, and conditions that prevented the
establishment and continued functioning of generic companies. To address those
challenges, he suggested: (a) promoting the use of TRIPS flexibilities; (b) renewing TRIPS
exceptions for least developed countries for as long as they retained that status;
(c) permitting TRIPS exceptions for middle-income countries; (d) amending investment
treaties that threatened the right to health; (e) eliminating TRIPS-plus provisions and other
clauses in free-trade agreements that might jeopardize access to medicines and the right to
health; (f) protecting public health services even in times of economic crisis; (g) building
capacity to produce generic medicines; (h) promoting universal access to newly developed
medicines; (i) prioritizing development of medicines for drug-resistant diseases;
(j) promoting publicly funded and shared research and development; (k) providing financial
and technological assistance to developing countries.
12.
Zafar Mirza, Coordinator, Public Health, Innovation and Intellectual Property,
Department of Essential Medicines and Health Products, World Health Organization
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