A/HRC/17/43
companies and the World Intellectual Property Organization (WIPO). Finally, he pointed
out that access to medicines derived not only from article 12 of the International Covenant
on Economic, Social and Cultural Rights, but also from article 15.1.b., which implied that
everyone had the right to enjoy the benefits of scientific progress and its applications.
10.
Following this presentation, Chandrashekhar Dasgupta, member of the Committee
on Economic, Social and Cultural Rights, mentioned the obligation of States, including
through international assistance, to achieve the full realization of the rights in the
International Covenant on Economic, Social and Cultural Rights, including the adoption of
legislative measures to that effect. This obligation stemmed from articles 2.1 and 12 of the
Covenant, as elaborated in general comments Nos. 3 and 14, in which the Committee
emphasized States parties’ important role in international cooperation. Mr. Dasgupta also
cautioned about the existing gap in access to medicines between developed and developing
countries, which was both politically and socially unacceptable.
11.
Mr. Dasgupta reiterated that States parties should ensure that the right to health,
including access to medicines, is given due attention in international agreements, as
detailed in general comment No. 14, and that States parties should ensure that laws and
practices were consistent with the provisions of the Covenant. He shared the assessment of
the Special Rapporteur regarding generic medicines, and concluded that TRIPS-plus
standards that denied countries the flexibilities to which they are were otherwise entitled
were unacceptable if they had an adverse impact on access to medicines.
12.
Richard Laing from the World Health Organization (WHO) contributed to the
discussion by stressing the importance of measuring access to medicines as a very clear and
relatively robust way of measuring a Government’s commitment to fulfilling the right to
health. He noted, for instance, that the availability of generics in the public health sector
was much lower (30 to 40 per cent) than the availability of generics in the private sector (60
per cent). As a result, many patients living in poverty and used public facilities had limited
access to medicines. He underlined the fact, however, that contrary to popular opinion,
Governments were performing very well, as in most countries, public sector procurement
obtained medicines at very reasonable international prices. This was not the case in the
private sector, where prices were 10 to 20 times higher and driven by taxes, markups and
other determining factors. Mr. Laing pointed out that, for many chronic diseases, such as
asthma and diabetes, people were asked to spend up to 30 per cent of wages just to obtain
medicines needed daily. Chronic disease often led to unsustainable levels of expenditure,
and situations in which people had to choose between buying food or medicine.
13.
Access to medicines was also affected by the use of retrogressive measures used in
times of economic recession, when Governments often increased taxes on medicines,
decrease co-payment and access to health insurance and cut subsidies, which consequently
impeded access to medicines.
14.
The creation of a new website with data on access to medicines-related case law was
one of the most recent awareness-raising activities of WHO. Many examples from Latin
America proved that laws could be used to improve access to medicines. In that context,
WHO has also analysed constitutions worldwide and found that 135 of 186 national
constitutions included provisions relating to health or the right to health. Of these, 95
mentioned the right to access to health facilities, goods and services, while only 4
recognized access to essential medicines as a fundamental right (Mexico, Peru, the
Philippines and the Syrian Arab Republic).
15.
Mr. Laing also noted the responsibility of multinational and national generic
companies for increases in the price of medicines. In that context, WHO recalled the access
GE.11-11842
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents