A/HRC/17/2
17/14
The right of everyone to the enjoyment of the highest attainable
standard of physical and mental health in the context of development
and access to medicines
The Human Rights Council,
Reaffirming that the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health is a human right as reflected in, inter alia, the
Universal Declaration of Human Rights, the International Covenant on Economic, Social
and Cultural Rights and the Convention on the Rights of the Child, as well as, with respect
to non-discrimination, in the International Convention on the Elimination of All Forms of
Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination
against Women and the Convention on the Rights of Persons with Disabilities, and that
such a right derives from the inherent dignity of the human person,
Recalling Human Rights Council resolution 15/22 of 30 September 2010 and all
resolutions and decisions on the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health adopted by the Council, the General Assembly and
the Commission on Human Rights, and Council resolution 12/24 of 2 October 2009 on
access to medicine in the context of the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health,
Emphasizing the importance of the promotion and protection of all human rights for
all and their interrelationship with global public health, development, poverty eradication,
education, gender equality and the empowerment of women,
Recalling the Declaration on the Right to Development, which, inter alia, establishes
that States should take, at the national level, all measures necessary for the realization of the
right to development and should ensure, inter alia, equality of opportunity for all in their
access to basic resources, such as health services,
Recalling also the ministerial declaration on implementing the internationally agreed
goals and commitments with regard to global public health of the 2009 high-level segment
of the Economic and Social Council,
Concerned that, for millions of people throughout the world, the full realization of
the right of everyone to the enjoyment of the highest attainable standard of physical and
mental health, including through access to medicines that are affordable, safe, effective and
of good quality, in particular essential medicines, vaccines and other medical products, and
to health-care facilities and services, still remains a distant goal and that, in many cases,
especially for those living in poverty, this goal remains remote,
Recalling that access to medicine is 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 that it is the responsibility of States
to ensure access for all, without discrimination, to medicines, in particular essential
medicines, that are affordable, safe, effective and of good quality,
Recognizing the need for States, in cooperation with international organizations and
civil society, including non-governmental organizations and the private sector, to create
favourable conditions at the national, regional and international levels to ensure the full and
effective enjoyment of the right of everyone to the highest attainable standard of physical
and mental health,
Recalling that the Doha Ministerial Declaration on the Agreement on Trade-Related
Aspects of Intellectual Property Rights and Public Health confirms that the Agreement does
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GE.12-13630
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