A/HRC/29/44 64. Resource constraints cannot be an excuse for failing to meet health needs. Reasons for disparities in health outcomes across States of similar socioeconomic status must be understood and addressed. Experience shows that publicly funded health systems are the best way to ensure equitable access to health care. Access can be improved through innovative financing mechanisms; enabling public policies; more health workers; technical support; better health data, administrators, transport and delivery; improved supply chains, local production and health education; and other means. Holistic, people-centred and community-driven policies and active local involvement help strengthen health systems. 65. Access to medicines is one of the most explicit examples of how economics and trade rules conflict with human rights, including the rights to life, health and development. All are entitled to enjoy the benefits of scientific progress and traditional knowledge must be protected. Pharmaceutical companies must comply with their human rights responsibilities and ethical obligations. Several initiatives and good practices, including by those companies, point to steps in that direction. New models of research and development must address needs, not simply manage markets and profits. 66. Effective health policies, including the development of essential medicines lists, could improve access. States must live up to their individual and collective commitments and adopt a human rights-based approach to access to all medicines, not only essential medicines. International solidarity and collective action could support access for all. B. Recommendations 67. Participants recommended urgent and immediate action, at the local, national, regional and international levels. Health systems needed to be strengthened, universal health coverage established and access to medicines ensured. That included building production capacity in developing countries, allowing access to generic drugs, enhancing research and development into treatment for neglected diseases and implementing effective procurement, distribution, price and quality control systems. Urgent steps to improve access to maternal and child health would help prevent maternal and infant mortality. The international community must aim for universal access in the post-2015 development agenda, which should also include mental health. 68. All stakeholders should explore ways of mobilizing new and innovative means of financing development and increasing resources available for health. Possibilities included imposition of a financial transaction tax, debt cancellation, resource pooling and tax reforms. International financial institutions must allow States sufficient policy space to pursue health objectives and States should make efforts to utilize existing resources more effectively including by leveraging their political and purchasing power to negotiate reduced prices and voluntary licensing. 69. TRIPS flexibilities and compulsory licensing should be used to their fullest and resort to political pressure to undermine those tools or impose TRIPS-plus provisions in trade agreements must be regarded as a violation of human rights obligations, calling for accountability in the universal periodic review. The legally binding petitions procedure under the Optional Protocol to the Convention on Economic, Social and Cultural Rights provided a means for interpretation and enforcement of the right to health. 70. Intellectual property laws required transformative changes to ensure that the benefits of scientific progress were enjoyed by all. Recommendations included 19

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