A/HRC/37/74
11.
The Director-General of the World Trade Organization (WTO), Roberto Azevêdo,
described the contributions of WTO to the realization of the right to health. Innovation was
vital for new treatments as diseases evolved, but to benefit those in need of treatment,
effective and equitable access to medicines was necessary. The Agreement on TradeRelated Aspects of Intellectual Property Rights (the TRIPS Agreement) provided
exceptions and limitations and was to be implemented in a manner conducive to social and
economic welfare. The 2001 Doha Declaration on the TRIPS Agreement and Public Health
had marked a major milestone in increasing access to medicines. It had led to the
amendment of WTO trade rules to allow for generic medicines to be produced under
compulsory licences for export to countries with limited or no pharmaceutical production
capacity for treating affected populations. WTO had also taken measures to reduce the costs
of and delays in shipping medicines internationally and to cut tariffs on medicines. There
could be no higher calling for the international community than to work together to fulfil
the right to health. WTO, working jointly with others, would continue to ensure that trade
supported the fulfilment of that right.
12.
Following the presentations, representatives of Bahrain, Cabo Verde (on behalf of
the Community of Portuguese-speaking Countries), Egypt, Ghana, the Islamic Republic of
Iran, Mexico, Panama, the Philippines, Portugal, South Africa, the Association of World
Citizens, the Elizabeth Glaser Pediatric AIDS Foundation, the Global Forum on MSM &
HIV, the Stop AIDS Alliance and the World Social Forum took the floor. They underlined
the need to address challenges faced by specific groups, such as children, adolescents,
women, migrants, refugees, persons deprived of liberty, sex workers and lesbian, gay,
bisexual, transgender and intersex persons. Those challenges included discrimination,
criminalization of vulnerable groups, the shrinking of civic space, barriers to access to
medicines and unaffordable prices, and a lack of funding for health and other policies
addressing the social determinants of health. Overcoming those challenges was a collective
endeavour that should build on the 2030 Agenda commitments. Proposals for addressing
those challenges included the adoption of universal health-care systems, the collection of
disaggregated data in a manner respectful of key populations, the inclusion and
participation of civil society and youth in policymaking and implementation, increasing
investments in community-led programmes and decriminalizing drug use and behaviours
common among affected populations. Some speakers encouraged countries to include HIVrelated human rights issues in their universal periodic review reports and recommendations,
their reports to human rights treaty bodies and their voluntary national reviews on the
Sustainable Development Goals.
B.
Setting the scene: implementing health related Sustainable
Development Goals through a human rights perspective
13.
The Chair of the Committee on Economic, Social and Cultural Rights, Virginia Bras
Gomes, said that while the policies, targets and indicators that had been adopted for the
fulfilment of the Sustainable Development Goals would, in principle, lead to the realization
of rights, that realization did not depend only on policies. It was the human rights
framework that could strengthen the fulfilment of the Goals. If States complied with their
non-discrimination and equality obligations, the 2030 Agenda commitment to leave no one
behind would be achieved. Fulfilment of the right to access to information and education
campaigns could prevent the spread of sexually transmitted infections. The right to health
required the availability of an adequate number of functioning health-care facilities,
services and goods and the promotion of social determinants of good health, such as
environmental safety, economic development and gender equity. The targets and indicators
in Sustainable Development Goals 3, on ensuring healthy lives, and 5, on gender equality,
could contribute to realizing the right to health of people affected by AIDS and other
diseases.
14.
A Portuguese Parliamentarian, Ricardo Baptista Leite, recalled that the
decriminalization of drug use in Portugal in 2000 had contributed not only to decreasing
crime, but also to the decrease in drug consumption and the prevalence of infectious
diseases, especially HIV and viral hepatitis. A parliamentary resolution developed by an
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