A/63/263
addition, some of his other publications have examined States’ duties in relation to
access to medicines, such as “Neglected diseases: A human rights analysis”. 4
20. Moreover, the Special Rapporteur has frequently discussed access to medicines
with States, including the adverse impact of import tariffs on access, the enormous
problem of failing and collapsing health systems, counterfeiting, diversion, and so
on. He has provided States with numerous recommendations regarding access to
medicines and he has also commented when, in his view, States have failed to do all
they reasonably can to enhance access to this vital component of the right to the
highest attainable standard of health.
21. In short, States have been the central focus of his attention in relation to access
to medicines.
22. On numerous occasions over the last six years, Ministers, senior public
officials and others have informed the Special Rapporteur that, when endeavouring
to implement the right to the highest attainable standard of health, States encounter
many obstacles. Among the obstacles they have mentioned, two stand out. First, the
policies and practices of donor countries; for this reason, the Special Rapporteur has
looked, on numerous occasions in several reports, at the role of donors, most
recently in his report on his mission to Sweden, the World Bank and the
International Monetary Fund (A/HRC/7/11/Add.2).
23. Secondly, Ministers, senior public officials and others have argued that the
policies and practices of some pharmaceutical companies constitute obstacles to
States’ implementation of the right to the highest attainable standard of health and,
in particular, their endeavours to enhance access to medicines. They have
mentioned, for example, excessively high prices, inadequate attention to research
and development concerning diseases that disproportionately impact people in
developing countries, inappropriate drug promotion, and problematic clinical trials.
Ministers and senior public officials have also acknowledged, however, that the
pharmaceutical sector has an indispensable role to play in relation to the right to
health and access to medicines. Moreover, they have recognized the constructive
contribution of specific pharmaceutical companies.
24. The Special Rapporteur’s mandate expressly requires him to identify, inter
alia, obstacles to the implementation of the right to the highest attainable standard
of health. He is also expressly mandated to report on good practices, and to make
recommendations that will help to promote and protect the right to the highest
attainable standard of health.
25. Between 2003 and 2006, the Special Rapporteur engaged in many discussions
on access to medicines with numerous parties, including pharmaceutical companies.
These substantive discussions took place at symposiums and workshops, as well as
informal visits to pharmaceutical companies. They were informed by the work of
States, pharmaceutical companies (and their associations, such as the International
Federation of Pharmaceutical Manufacturers and Associations), the United Nations
Global Compact, the Office of the High Commissioner for Human Rights, the World
Health Organization and other elements of the United Nations system, the Business
Leaders Initiative on Human Rights, numerous civil society organizations, and
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08-45647
Paul Hunt et al., Neglected diseases: A human rights analysis, World Health Organization
Special Programme for Research and Training, Special Topics No.6, 2007.
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