A/HRC/29/44
commendable efforts of community movements in exerting pressure to reduce prices must
be redoubled to enhance progress towards access to affordable medicines for all.
33.
Tenu Avafia, Policy Adviser, HIV, Health and Development Practice, Bureau for
Development Policy, United Nations Development Programme, cited the report of the
Global Commission on HIV and the Law which called for changes in legal systems. That
could prevent up to 900,000 new HIV infections by 2030. The Joint United Nations
Programme on HIV/AIDS had set several targets in that regard including: halving the
number of countries with punitive laws and practices around HIV transmission; creating an
environment which safeguarded dignity, health and justice; and developing action-oriented,
evidence-based recommendations for effective AIDS responses that promoted and
protected the human rights of people living with and most vulnerable to HIV. The report
emphasized that application of the current patent regime to medicines was a recent
development. Furthermore, States had historically had the right to license patented
inventions compulsorily when needed. The TRIPS Agreement posed a barrier to access to
medicines. It benefited patent-holders at the expense of people living with HIV. The report
recommended that the Secretary-General examine proposals for a new multilateral regime
to promote innovation and increase access, that developed countries stop pushing TRIPSplus agreements, that developing countries use TRIPS flexibilities, and that least developed
countries be indefinitely exempted from TRIPS.
34.
During the dialogue, there were interventions from representatives of the Bolivarian
Republic of Venezuela, the China Medical Association, Health Innovation in Practice and
Zomi Community USA, as well as from Amit Sengupta, Associate Coordinator, People’s
Health Movement, India, and Dr. Bermudez. They called for urgent action to change an
intellectual property regime that continued to be a barrier to access to medicines. The
achievements of the AIDS movement had not been adequately translated into improved
access to all medicines for all. Continued activism would support access to medicines for
HIV/AIDS treatment and States must act to improve their local production of drugs,
eradicate stigmatization of persons living with HIV/AIDS and ensure that domestic laws
and policies promoted, protected and fulfilled people’s right to health.
35.
In conclusion, panellists emphasized the need to eliminate stigma and discrimination
against persons living with HIV/AIDS. Mr. Choo called for increased support from
international organizations, improved mental health care and strategic, interlinked,
community-based partnerships to support and care for persons living with HIV/AIDS.
Ms. de Leon advocated increased attention to key populations and an end to senseless
deaths caused by stigmatization of persons living with HIV/AIDS. Mr. Avafia stressed the
importance of strong legal systems in protecting patient confidentiality and reducing
stigma. He observed that current drug prices were not sustainable even in developed
countries and that they affected persons suffering from all diseases. He argued for policy
coherence to reconcile human rights obligations and international trade and investment
laws.
G.
Patient-centred approaches to access to medicines
36.
Ms. Kamoga called for a people-centred approach to access to medicines that took
into account cultural and demographic differences to extend appropriate and effective
health care to rural and urban populations alike. Rural populations faced particular
difficulties in reaching medical centres and were more likely to experience lack of access to
medicines owing to shortages. She explained that Uganda had both formal and informal
medical systems. People who lacked access to formal systems must rely on private health
care and pay three to five times more for medicines than those with formal coverage.
Innovative approaches were essential to ensure access to medicines and save lives. Civil
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