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A/61/338 United Nations General Assembly Distr.: General 13 September 2006 Original: English Sixty-first session Item 66 (b) of the provisional agenda* Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms The right of everyone to the enjoyment of the highest attainable standard of physical and mental health Note by the Secretary-General** The Secretary-General has the honour to transmit to the members of the General Assembly the report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Paul Hunt, submitted in accordance with Human Rights Council decision 1/102 in which the Council decided to extend, exceptionally for one year, the mandates and the mandate holders of the special procedures of the Commission on Human Rights. * A/61/150. ** The present report is submitted late owing to consultations. 06-51997 (E) 091006 *0651997*

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Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health

Special Procedure Reports

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Rights Involved

Right to health
Rights of women and girls

Issue

Accountability
Extraterritorial obligations
Minimum core obligations
Non-discrimination
Participation
Progressive realization
Resource expenditure
Transparency

Special Procedure

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health

Date: Sep 13, 2006

Summary: This report examines the relationship between the right to health and two issues at the heart of the Millennium Development Goals: access to medicines and the reduction of maternal mortality. States have a duty to devote maximum available resources, and to take legal and policy measures, to progressively realize the right to health. The right to the highest attainable standard of health — and thus access to medicines — is subject to progressive realization and resource availability, in accordance with article 2, paragraph 1, of the International Covenant on ESCR. States have to do all they reasonably can to make sure that existing medicines are available in sufficient quantities in their jurisdictions. For example, they might have to make use of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) flexibilities by passing and using compulsory licence legislation, thereby ensuring that medicines reach their jurisdictions in adequate quantities.

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