A/HRC/41/34/Add.2
and territory has its own approach: some have specific programmes with different degrees
of pharmaceutical coverage for groups in vulnerable situations, such as those who receive
social assistance, older and young persons, or by specific disease, such as cancer, palliative
care or infectious diseases. 18 For example, British Columbia and Manitoba do not have
plans specifically for older persons. Others have established income-based plans that
provide pharmaceutical coverage for the entire population only against catastrophic costs
and only when a household’s pharmaceutical spending rises to a substantial share of its
annual income.
40.
Overall prices of medicines are high throughout the country. Recent efforts through
the pan-Canadian Pharmaceutical Alliance to lower prices for some medicines are positive
but remain insufficient to benefit either uninsured persons, who continue to purchase
medicines out-of-pocket, or those who are privately insured. Furthermore, the segmented
provincial/territorial approach to pharmacare has a negative impact on prices, which are
negotiated separately in each province and territory. The high costs of medicines are further
compounded by overprescribing practices by medical professionals.
41.
The right-to-health framework compels States to provide access to essential
medicines and to ensure non-discriminatory access to health facilities, goods and services,
including medicines. The Special Rapporteur commends the Federal Government’s
establishment in 2018 of the Advisory Council on the Implementation of National
Pharmacare and its interim report of March 2019. He hopes that the process triggered by
the Council will allow for the establishment of a national pharmacare plan or guidelines
that are compliant with the country’s right-to-health obligations, including nondiscrimination, accountability, availability, accessibility, acceptability and quality.
42.
The second gap is illustrated by access to abortion, which is elaborated in
paragraphs 93 and 94 below. The rest of the challenges are developed in specific sections.
2.
Civil society partnerships
43.
Civil society organizations contribute to closing the remaining gaps; they are
sometimes funded by the Federal and/or provincial/territorial governments and, in most
cases, have developed innovative approaches, often including a human rights approach,
even if not explicitly.
44.
The Special Rapporteur recommends that the Federal Government continue to
support these good projects, while investing and building human rights capacity within the
publicly financed and administered health-care system. This, together with new rightsbased criteria for federal transfers under the Canada Health Transfer, will allow federal and
provincial/territorial governments not only to strengthen the health-related expertise
developed by the civil society, but also to use and mainstream it. In that process, the level
of governance and cooperation between federal and provincial/territorial authorities should
be enhanced to prevent miscommunications between various levels of governments.
45.
The funding from federal and provincial/territorial governments to civil society
projects should be further revisited, so as to: (a) allow for multi-year funding of, for
example, 7 years; (b) support projects in different regions within provinces and territories;
and (c) include mechanisms of accountability and transparency. Notably, long multi-year
funding would provide stabilization to civil society projects, allowing them to build
programmes, build trust with constituencies and stakeholders and to evaluate activities
properly.
18
See www.ncbi.nlm.nih.gov/pmc/articles/PMC5915235/.
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