A/63/263
detailed discussion is in A/HRC/4/28 (section III). There are also administrative
forms of accountability, such as health impact assessments, explored in A/62/214
(section III). The Special Rapporteur’s reports on the skills drain (A/60/348,
paras. 66-72 and 86-88), the Millennium Development Goals (A/59/422, paras. 36-41),
and health systems (A/HRC/7/11 and Corr.1, paras. 65 and 99-106) have also
addressed accountability. Further, the Special Rapporteur’s country reports have
frequently addressed accountability mechanisms, for example, in relation to Uganda
(E/CN.4/2006/48/Add.2, paras. 86-93), Romania (E/CN.4/2005/51/Add.4, paras. 26-27)
and Sweden (A/HRC/4/28/Add.2, paras. 31-33 and 122-123). The Human Rights
Guidelines for Pharmaceutical Companies in Relation to Access to Medicines (see
annex to the present report) also look at the critical issue of accountability of
pharmaceutical companies.
17. On the whole, however, the human rights literature devotes surprisingly little
attention to accountability — and there is even less written about accountability and
the right to the highest attainable standard of health. Thus, a recent study by Helen
Potts, Accountability and the Right to the Highest Attainable Standard of Health 3
(see www2.essex.ac.uk/human_rights_centre/rth) is very timely. This practical study
introduces the right to the highest attainable standard of health; describes the
process of accountability (which includes monitoring, holding to account, and
redress); provides examples of various accountability mechanisms that are available
at the national, regional and international levels; describes the types of remedies that
should be available to rights-holders; provides examples of accountability in action;
and provides a list of key factors required for accountability in the context of the
right to the highest attainable standard of health.
18. The study is a valuable information resource for all those committed to health
and human rights, including policymakers and advocates. It will help Governments
to fulfil their right-to-health obligations and assist those seeking to hold
Governments to account. The Special Rapporteur hopes that this useful study will
generate more research and publications, as well as a deeper appreciation of the
crucial role of accountability and the right to the highest attainable standard of
health.
IV. The human rights responsibilities of pharmaceutical
companies in relation to access to medicines
19. States have primary responsibility for enhancing access to medicines. Between
2002 and 2008, the Special Rapporteur regularly scrutinized States’ duties in
relation to access to medicines. These duties are the main focus of chapter III.A of
his report to the General Assembly at its sixty-first session (A/61/338). They are
also a key theme recurring throughout several of his country missions and reports,
such as those regarding Peru (E/CN.4/2005/51/Add.3) and Uganda
(E/CN.4/2006/48/Add.2). Another report looks at States’ duties in relation to access
to medicines and the World Trade Organization (E/CN.4/2004/49/Add.1). Some of
his press statements have focused on States’ duties in relation to access to
medicines, for example, the press remarks of 5 July 2004 and 13 July 2005. In
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University of Essex, 2008, funded by the Open Society Institute.
08-45647