A/HRC/37/74
health technologies, including a binding convention delinking research and development
costs from end prices of medicines and promoting transparency on costs of production.
55.
The Medical Innovation and Access Policy Adviser for the Médecins Sans
Frontières Access Campaign, Elena Villanueva-Olivo, spoke about the Médecins Sans
Frontières Access Campaign to raise awareness about the need to improve medical tools in
crises. The Ebola outbreak in West Africa, during which there had been a lack of effective
diagnostics, treatments and vaccines, had illustrated the failure of the research and
development system to prioritize, develop and produce affordable drugs and vaccines. She
mentioned initiatives to prevent new gaps and failures, such as the WHO Research and
Development Blueprint and the Coalition for Epidemic Preparedness Innovations. She
expressed concern that Northern philanthropists and Governments, which funded nearly all
research and development, prioritized the protection of their own populations and economic
interests over the essential health needs of poor populations.
56.
During the interactive dialogue, representatives of Belarus, Botswana, Brazil, Chile,
Ecuador, the Bolivarian Republic of Venezuela, OHCHR, the Asia Pacific Transgender
Network, the Elizabeth Glaser Pediatric AIDS Foundation, the Medicines Transparency
Alliance Mongolia and the PrEP Impact Trial took the floor. Many participants raised
issues concerning economic barriers to access to medicines, including the fact that market
and economic considerations took precedence over human rights. They also highlighted the
lack of transparency on pricing, “commercial” determinants of health, the devastating
impacts of epidemics on the economies of developing countries, and neglected tropical
diseases. Participants commented on international partnerships and partnerships between
Governments and civil society. A number of participants inquired about discrimination
within and among nations in access to medicines, diagnosis, pre-exposure prophylaxis and
resources, with specific reference to children, transgender women, and men who had sex
with men. Some mentioned the relationship between universal health coverage and access
to medicines.
57.
Ms. Villanueva-Olivo said that access to medicines was necessary for universal
health coverage. Advocacy was then needed to ensure that WHO had a strong role in
promoting access to medicine and support for the adoption of TRIPS flexibilities. Ms. Peck
emphasized the need for global and domestic funding mechanisms, including for access to
vaccines. She reiterated the importance of partnerships with communities. Mr. Mellouk
argued that recognizing law as a determinant of health referred both to the text and the
implementation of laws. TRIPS flexibilities should be available in a non-discriminatory
manner and without yielding to pharmaceutical companies biased choices. Ms. ´t Hoen
argued that access to new essential medicines also affected developed countries. For
universal health coverage to be viable, it was necessary to deal with patents, market and
data exclusivities, including by delinking research and development from the market logic
and improving transparency in pricing.
J.
The way forward
58.
The director of the Thematic Engagement, Special Procedures and Right to
Development Division of OHCHR highlighted the 2030 Agenda and its call to leave no one
behind as key for discussions on human rights related to health. Stigmatization,
criminalization and discrimination worsened epidemics. Civil society’s role was crucial, but
it was often under attack and its space was shrinking. States should foster civil society’s
legal, policy and financial enabling environment. The human rights-based approach to
access to medicines was the best way to promote policy coherence in that area. Echoing the
call made by the High-level Working Group on the Health and Human Rights of Women,
Children and Adolescents for policy shifts, she recalled the importance of the protection of
rights through and to health, of the role of health workers in defending human rights and
their empowerment and protection, and of improved participation of all stakeholders,
including communities and parliamentarians, in leaving no one behind in the advancement
of health related human rights.
15
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