A/HRC/17/43 counterfeit drugs was, however, being strongly supported by developed countries and multinational companies.5 The so-called “bottom measures”, such as the ones applied by the Netherlands, on medicines exported from India to Brazil and Latin American countries had long-reaching effects on access to medicines.6 If medicine is not patented in either country, the shipment may be seized and the transport subject to criminal procedure. 28. Dr. Hans Hogerzeil stated that some 30,000 children die every day owing to lack of access to essential medicines, which are largely available in generic form; he stressed the importance of holding Governments accountable for this lack of access. In addition, there was an increasing problem with access to new essential medicines that were still covered by a patent, such as second-line medicines for the treatment of AIDS. This aspect of the problem was largely due to newer and stricter patent laws, making this one of the key public health issues of our times. 29. Dr. Hogerzeil called upon States to publicly commit to universal access and recognize the enjoyment of the right to health and access to medicines in their constitutions or other laws of major importance. He also urged them to commit to ensuring full accessibility to medicines by establishing monitoring and accountability mechanisms and focusing on the poorest and most disadvantaged groups. 30. In that context, Dr. Hogerzeil noted that the creation and adoption of good policies to promote the use of good-quality generic drugs were possible and would be most useful. These guidelines would enable Governments to identify which patented drugs were really necessary or whether a generic drug would be just as effective. By regulating the price of patented medicines and managing competition through generic policies where possible, Governments could ensure that medicines would be affordable and accessible to all, including persons living in poverty. 31. Dr. Hogerzeil called upon OHCHR to contribute to the development of standardized indicators for human rights reporting, which would include reporting on the right to health and access to essential medicines. Lastly, Governments should report on activities that they undertook in order to ensure the enjoyment of the highest attainable standard of health. 32. Dr. Annemiek van Bolhuis, also from WHO, focused on non-communicable diseases, such as cardiovascular diseases, diabetes, asthma and mental health diseases. She reiterated that, for the treatment of these diseases, access and affordable, good-quality medicines was a prerequisite. Access to essential medicines for non-communicable diseases was even lower than those for communicable diseases, in both the public and private sectors. Moreover, if available, many medicines for treating non-communicable diseases (such as insulin) have to be taken for life, and thus have a severe impact on household expenditure, pushing many families below the level of poverty. In tackling this issue, all actors should be involved, including pharmaceutical companies, health insurance and public health organizations, as well as patients’ organizations, provided that careful management of any conflict of interests is taken into account. 33. Following the above presentation, Huong Ha of the Global Fund to fight AIDS, Tuberculosis and Malaria presented the approach that the fund uses to address the various challenges to access to medicines, including patent issues facing grant recipient countries. 5 6 GE.11-11842 In Kenya, for example, anti-counterfeiting law equates qualified generic drugs sent by Indian or Brazilian generic companies to Kenya with counterfeit drugs. This practice is now spreading throughout East Africa. According to the Special Rapporteur, the seizure of these goods by the Netherlands had no legal justification, as medicines were in transit and patent laws are territorial, and do not extend beyond borders. 9