A/HRC/15/24
Companies in relation to Access to Medicines (A/63/263, annex), and more generally the
right to health. The task force considered that principles underlying the right to
development could be introduced into the operation of the global strategy and plan of action
at the implementation stage.
29.
With regard to mainstreaming the right to development principles in the work of the
Special Programme and The Global Fund, the meetings emphasized that, despite the
absence of explicit reference to the right to development, both institutions were applying
some of those principles in their activities. The Special Programme adopted participatory
and empowering procedures towards expanding access to health and furthering equitable
development. The task force also welcomed the support provided by Global Fund
programmes for strengthening health systems in developing countries.
30.
Lastly, OHCHR will hold a workshop on access to medicines in the second half of
2010 as mandated by the Human Right Council which, in its resolution 12/24, “invites the
Office of the United Nations High Commissioner for Human Rights to convene an expert
consultation, within existing resources, open to the participation of Governments, regional
and international organizations, relevant United Nations bodies and civil society
organizations, for an exchange of views on human rights considerations relating to the
realization of access to medicines as one of the fundamental elements in achieving
progressively the full realization of the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health, and invites the Special Rapporteur on the
right of everyone to the enjoyment of the highest attainable standard of physical and mental
health to present a summary of the discussions held during the expert consultation to the
Council” (para. 7).
3.
Transfer of technology
31.
In relation to Millennium Development Goal target 8.F on technology transfer, the
Working Group recommended that the task force “…hold consultations to gather
information on the Development Agenda of WIPO [World Intellectual Property
Organization] in relation to the realization of the right to development” and “…continue to
draw on the necessary expertise from examining the Clean Development Mechanism,
including in connection with mitigation of and adaptation to climate change, from the
perspective of the right to development” (A/HRC/12/28, para. 46 (e) (i) and (ii),
respectively).
(a)
Development Agenda of the World Intellectual Property Organization
32.
As requested, OHCHR provided support to the task force by organizing a technical
mission to WIPO in July 2009, during which the task force also discussed the contribution
of the WIPO Development Agenda to the realization of the right to development (the report
on the mission is contained in document A/HRC/15/WG.2/TF/CRP.1). The task force
concluded that, although the Development Agenda does not directly refer to the right to
development, its basic motivations and objectives are aimed at establishing an enabling
environment at the national and global levels that facilitates an equitable, sustainable and
participative process of development (A/HRC/15/WG.2/TF/CRP.1, para. 12). The task
force considered that the global enabling environment component of the right to
development criteria should make an explicit mention of technology, as it is a crucial
element that can help developing States to achieve their development goals (para. 21). The
task force recommended that WIPO continue the quest for new analytical approaches to the
complex relationship between development and intellectual property policy that are fully
informed by the right to development criteria (para. 22).
33.
In November 2009, OHCHR collaborated with the United Nations Conference on
Trade and Development and the International Centre for Trade and Sustainable
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