individuals within society". 32. Ms. Trehan also stated that in the case of Niteki vs. Poland (Application No.65653/2001), The European Court of Human Rights dismissed an application filed by a man suffering from Lou Gehrig's Disease wherein the patient had challenged the requirement to pay for 30% of the treatment cost, while the State funded 70% of the treatment. The Court found that there was nothing wrong in the policy requiring a 30% co-pay and observed that often difficult choices had to be made by States when determining the allocation of scarce resources. 33. Ms. Trehan further stated that the healthcare sector was grossly under- served and the supply and accessibility of various drugs, implants and devices was well short of the desired level. It was therefore a priority to attract CSR donations to the healthcare sector, both in cash and kind. SUGGESTIONS ON BEHALF OF MR. ANAND GROVER, SENIOR ADVOCATE 34. Mr. Anand Grover, learned senior counsel who takes active interest in pharmaceutical matters stated that as India had signed and ratified the International Covenant of Economical, Social and Cultural Rights (ICESCR), it was duty bound to fulfil its international legal obligations under the said treaty. 35. Mr. Grover submitted that States are required to adopt and implement a public health strategy and plan of action that reflects the epidemiological burden of disease that not only addresses major disease burdens but also the health concerns of the whole population. Therefore, according to him, even if a small percentage of the population had a life-threatening condition there W.P.(C) 7279/2013 Page 18 of 41

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