A/HRC/RES/12/24
page 2
Noting with concern that, for millions of people throughout the world, the full enjoyment
of the right to the highest attainable standard of physical and mental health remains a distant goal
and that, in many cases, especially for those living in poverty, this goal is becoming increasingly
remote,
Recalling the Declaration on the Right to Development, which establishes that States
should take, at the national level, all necessary measures 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 its resolution 6/29 of 14 December 2007, in which the Council extended the
mandate of the Special Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health,
Recalling further Council resolution S-10/1 of 23 February 2009, and reiterating its
concern that financial and economic crises are having a negative impact on the ability of States
to provide social services, such as health,
Regretting the high number of people still without access to medicines, and underscoring
that improving access to medicine could save millions of lives every year,
1.
Recognizes 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;
2.
Stresses the responsibility of States to ensure access to all, without discrimination, of
medicines, in particular essential medicines, that are affordable, safe, effective and of good
quality;
3.
Calls upon States, at the international level, to take steps, individually and/or through
international cooperation, in accordance with applicable international law, including
international agreements, to ensure that their actions as members of international organizations
take into due account the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health, and that the application of international agreements is supportive of
public health policies that promote broad access to safe, effective and affordable medicines;
4.
Recognizes that the Doha Ministerial Declaration on the Agreement on
Trade-Related Aspects of Intellectual Property Rights and Public Health confirms that the
Agreement does not and should not prevent States Members of the World Trade Organization
from taking measures to protect public health and that the Declaration, while reiterating the
commitment to the Agreement, affirms that it can and should be interpreted and implemented in
a manner supportive of the rights of States Members of the World Trade Organization to protect
public health and, in particular, to promote access to medicines for all; and further recognizes, in
this connection, the right of States Members of the World Trade Organization to use, to the full,
the provisions of the above-mentioned Agreement, which provide flexibility for this purpose;
5.
Also recognizes that intellectual property protection is important for the development
of new medicines, as well as the concerns about its effects on prices;
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