A/HRC/17/43
to medicine index of 2008,4 which ranked 20 pharmaceutical companies according to their
performance in ensuring access to medicines, and which demonstrated a high variation
among them.
16.
In conclusion, Mr. Laing recommended that Governments should incorporate a
rights-based approach to national health policies, emphasizing the importance of collecting
disaggregated data. He furthermore called upon States to specify their obligations relating
to provision of health-care services and access to essential medicines. He also urged
Governments to endorse a selection of essential medicines to be covered by social security,
to establish monitoring and accountability mechanisms and mechanisms of redress, and to
report regularly on the progressive realization of the right to health.
17.
The presentation delivered by Dr. Zafar Mirza (WHO) focused on essential
medicines for non-communicable diseases. He emphasized that essential medicines were a
major component of the treatment of diseases, such as cardiovascular disease, diabetes,
asthma, many types of cancer, tobacco dependency, depression and epilepsy. Recent
surveys in over 40 low- and middle-income countries showed that generic medicines for the
treatment of acute diseases were only 56.1 per cent available in the public sector and 65.6
per cent in the private sector. For chronic diseases, the figures were even lower: 36 per cent
were available in the public sector, and 54.7 per cent in the private sector. The main causes
for low availability in the public sector were lack of public resources or under-budgeting,
inaccurate demand forecasting and inefficient procurement and distribution. This in turn
forced patients to buy these medicines from the private sector at a much higher price.
18.
Dr. Mirza raised concerns about the increasing presence of counterfeit or falsified
medicines for chronic diseases on the market owing to unregulated Internet sales used by
patients treated for chronic diseases. He also noted the need to develop evidence-based
clinical guidelines for non-communicable diseases, including diagnostic standards and
international agreements on when to start medicine treatment. Since such diseases had a
long-term market potential for chronic treatments, the pharmaceutical industry was heavily
engaged, and potential conflicts of interest between the industry, patient organizations,
professional associations, health insurance and public sector organizations needed to be
carefully identified and adequately addressed. This also applied to low- and middle-income
countries, where many locally produced “branded generics” were aggressively marketed.
19.
Parra Vera, Senior Attorney from the Inter-American Court of Human Rights, noted
that litigation could and should be used to improve access to medicines, and emphasized the
importance of having in place mechanisms for monitoring and accountability. Colombia
and other Latin American countries had tried to reform their health sectors in the 1990s by
unifying two systems of distribution of health services and medicines, to those in the labour
market versus those who had no means to pay. This distinction had led to discriminating
effects, and thus forced the poor to resort to legal redress in order to have access to health
care. For example, in Colombia, between 1999 and 2008, more than 600,000 cases were
filed to ensure access to medicines and health care. As a result of the litigation, judges
ordered the State to provide funds for certain medicines. In some countries, the prices of
medicines were exorbitant, as the State had left prices up to the market. In Colombia, the
deregulation of price controls over medicines in 2006 (letting pharmaceutical industries
establish their own price according to market laws) was ultimately paid by the State budget.
There was thus a need for oversight and control over the price of medicines on the basis of
international law. Moreover, health rights litigation played an important role, but if the
protection implied greater entitlements of those already covered in the health system, it
could lead to inequitable protection. Legal protection had to be harmonized, as distinctions
4
6
See www.accesstomedicinesindex.org.
GE.11-11842
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