A/61/338
that companies are constrained not only by legal standards but also by social norms
and moral considerations” (E/CN.4/2006/97, para. 70).
91. Based on the Special Rapporteur’s understanding of the right to the highest
attainable standard of health, the draft guidelines are a modest, constructive,
practical, sector-specific contribution to this challenging, long-term process. Once
more, the Special Rapporteur warmly invites all parties to provide comments on the
draft.55
Conclusion
92. A consensus is emerging that business enterprises, like all actors in society,
have some legal and ethical human rights responsibilities. According to its
Preamble, the Universal Declaration of Human Rights gives rise to some human
rights responsibilities for “every organ of society”, which must include business
enterprises.56 The United Nations Global Compact, with more than 2,300
participating companies, affirms that businesses should support and respect the
protection of international human rights. 57 The Organization for Economic
Cooperation and Development’s Guidelines for Multinational Enterprises
require businesses to “respect the human rights of those affected by their
activities consistent with the host Government’s obligations and
commitments”.58 While holding that the draft Norms on the Responsibilities of
Transnational Corporations and Other Business Enterprises with Regard to
Human Rights of the Sub-Commission on the Promotion and Protection of
Human Rights had no legal standing, the Commission on Human Rights found
that the Norms contained “useful elements and ideas”.59 Some national courts
have recognized the impact of pharmaceutical company pricing policies on the
human rights of patients.60 Significantly, some companies have prepared their
own guidelines and other statements explicitly affirming their human rights
responsibilities.61
93. Today, the key issues include, first, clarifying the scope and content of
these human rights responsibilities and, second, identifying which are legal and
which are ethical. The Special Rapporteur’s draft guidelines are a modest
endeavour focusing on the first of these issues in the specific context of
pharmaceutical companies. As for the second, in the opinion of the Special
Rapporteur it is inconceivable that some human rights do not place legal
responsibilities on business enterprises.62
IV. Conclusions
94. Thanks to the work of innumerable organizations and individuals, the
content of the right to the highest attainable standard of health is becoming
clearer. In 2000, the Committee on Economic, Social and Cultural Rights
developed a general framework that unpacked the right to health in terms of
freedoms and entitlements; health care and underlying determinants of health;
non-discrimination; participation; and monitoring and accountability. 63 In
many of his reports, the Special Rapporteur has applied this general
framework to a range of specific health issues. In so doing, he has sought to
develop and refine the framework. In the present report, he begins to apply the
framework to maternal mortality and medicines, two health issues
encompassed by the Millennium Development Goals.
06-51997
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