A/HRC/29/44
64.
Resource constraints cannot be an excuse for failing to meet health needs.
Reasons for disparities in health outcomes across States of similar socioeconomic
status must be understood and addressed. Experience shows that publicly funded
health systems are the best way to ensure equitable access to health care. Access can
be improved through innovative financing mechanisms; enabling public policies;
more health workers; technical support; better health data, administrators, transport
and delivery; improved supply chains, local production and health education; and
other means. Holistic, people-centred and community-driven policies and active local
involvement help strengthen health systems.
65.
Access to medicines is one of the most explicit examples of how economics and
trade rules conflict with human rights, including the rights to life, health and
development. All are entitled to enjoy the benefits of scientific progress and
traditional knowledge must be protected. Pharmaceutical companies must comply
with their human rights responsibilities and ethical obligations. Several initiatives and
good practices, including by those companies, point to steps in that direction. New
models of research and development must address needs, not simply manage markets
and profits.
66.
Effective health policies, including the development of essential medicines lists,
could improve access. States must live up to their individual and collective
commitments and adopt a human rights-based approach to access to all medicines,
not only essential medicines. International solidarity and collective action could
support access for all.
B.
Recommendations
67.
Participants recommended urgent and immediate action, at the local, national,
regional and international levels. Health systems needed to be strengthened, universal
health coverage established and access to medicines ensured. That included building
production capacity in developing countries, allowing access to generic drugs,
enhancing research and development into treatment for neglected diseases and
implementing effective procurement, distribution, price and quality control systems.
Urgent steps to improve access to maternal and child health would help prevent
maternal and infant mortality. The international community must aim for universal
access in the post-2015 development agenda, which should also include mental health.
68.
All stakeholders should explore ways of mobilizing new and innovative means
of financing development and increasing resources available for health. Possibilities
included imposition of a financial transaction tax, debt cancellation, resource pooling
and tax reforms. International financial institutions must allow States sufficient policy
space to pursue health objectives and States should make efforts to utilize existing
resources more effectively including by leveraging their political and purchasing
power to negotiate reduced prices and voluntary licensing.
69.
TRIPS flexibilities and compulsory licensing should be used to their fullest and
resort to political pressure to undermine those tools or impose TRIPS-plus provisions
in trade agreements must be regarded as a violation of human rights obligations,
calling for accountability in the universal periodic review. The legally binding
petitions procedure under the Optional Protocol to the Convention on Economic,
Social and Cultural Rights provided a means for interpretation and enforcement of
the right to health.
70.
Intellectual property laws required transformative changes to ensure that the
benefits of scientific progress were enjoyed by all. Recommendations included
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