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B.
The responsibilities of pharmaceutical companies
82. The previous section emphasized the primary responsibility of States to
increase access to medicines. But, of course, this is a shared responsibility. If there
is to be an increase in access to medicines, numerous national and international
actors have an indispensable role to play. The Millennium Development Goals
recognize that pharmaceutical companies are among those who share this
responsibility. Goal 8, a global partnership for development, has a number of
targets, not least: “In cooperation with pharmaceutical companies, provide access to
affordable, essential drugs in developing countries” (emphasis added).
83. Last year, a British Government policy paper on access to medicines
elaborated on this point: “Responsibility for increasing access to essential medicines
rests with the whole international community. Progress depends on everyone
working in partnership to build health systems in developing countries, increase
financing, make medicines more affordable, and increase the amount of new
medicines developed for diseases affecting developing countries”.49 Significantly,
the paper continued: “In this context there is a particular role for pharmaceutical
companies. As the producers of existing, and developers of new, medicines they
can — and do — make a difference within their sphere of influence”. The paper
then sets out a promising “framework for good practice in the pharmaceutical
industry”.
84. Since his appointment in 2002, many parties have impressed upon the Special
Rapporteur the profound impact of the pharmaceutical sector on the implementation
of the right to the highest attainable standard of health. This message has been most
clear when on country missions to low-income and middle-income countries. States
and others have criticized the pharmaceutical sector for setting prices too high,
erratic drug donations, imbalanced research and development, lobbying for TRIPSplus standards, inappropriate drug promotion, problematic clinical trials, and other
practices that are seen to obstruct a State’s ability to discharge its right to health
responsibilities.50 However, States and others have also commended some
significant progress in recent years, such as the more widespread use of differential
pricing, predictable and sustainable drug donations, and a renewed commitment to
research and development into neglected diseases.51
85. Under his mandate, the Special Rapporteur is requested, inter alia, to develop a
regular dialogue and discuss possible areas of cooperation with all relevant actors;
to report on good practices most beneficial to the enjoyment of the right to the
highest attainable standard of health, as well as obstacles encountered domestically
and internationally to its implementation; and to support States’ efforts by making
recommendations.
86. In light of this mandate, over the last three years the Special Rapporteur has
engaged in a number of discussions on access to medicines with numerous parties,
including pharmaceutical companies. Most of the meetings with the pharmaceutical
companies have been organized by Realizing Rights: The Ethical Globalization
Initiative, in addition to an international symposium organized by the Novartis
Foundation for Sustainable Development.52 The discussions have been substantive
and constructive. They have drawn from the work of the Global Compact, Business
Leaders Initiative on Human Rights (BLIHR), OHCHR, States, WHO and other
elements of the United Nations system, pharmaceutical companies, civil society
organizations and others. The discussions have benefited from the extensive
experience and literature on corporate responsibility, which has grown exponentially
06-51997
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