A/61/338
– Monitoring and accountability: the right to health requires that there are
effective, transparent and accessible monitoring and accountability
mechanisms available at the national and international levels.
46. By way of illustration, this chapter briefly applies elements of this analytical
framework to access to medicines.
A.
The responsibilities of States
Ensuring medicines are available, accessible, culturally acceptable
and of good quality38
47. States have to do all they reasonably can to make sure that existing medicines
are available in sufficient quantities in their jurisdictions. For example, they might
have to make use of the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS) flexibilities by passing and using compulsory licence
legislation, thereby ensuring that medicines reach their jurisdictions in adequate
quantities. Additionally, the record confirms that research and development has not
addressed the priority health needs of developing countries. Thus, within a
framework of international assistance and cooperation, States are required to take
effective measures to promote the development and availability of new drugs,
vaccines and diagnostic tools for those diseases causing a heavy burden in
developing countries.39 States should resort to a variety of economic, financial and
commercial incentives in order to influence research and development into specific
health needs.
48. In short, States not only have a duty to ensure that existing medicines are
available within their borders, they also have a responsibility to take reasonable
measures to ensure that much-needed new medicines are developed and thereby
become available.
49. In addition to being available, medicines must also be accessible. Accessibility
has four dimensions. First, medicines must be accessible in all parts of the country
(for example, in remote rural areas as well as in urban centres. This has major
implications for the design of medicine supply systems, including outreach
programmes. Second, medicines must be economically accessible (i.e. affordable) to
all, including those living in poverty. This has major implications for medicine
funding and pricing arrangements. It may also mean that a State has to revisit import
duties and other taxes on medicines if it is helping to take medicines beyond the
reach of the poor. Third, medicines must be accessible without discrimination on
any of the prohibited grounds, such as sex, race, ethnicity and socio-economic
status. As discussed in the next section, the principle of non-discrimination may
require a State to take measures to ensure equality of access for all individuals and
groups, such as disadvantaged minorities. Fourth, reliable information about
medicines must be accessible to patients and health professionals so they can take
well-informed decisions and use medicines safely.
50. As well as being available and accessible, medicines and associated issues
must be culturally acceptable and respectful of medical ethics. For example,
national measures should support the proper use of traditional medicine and its
integration into health-care systems, while clinical trials must ensure the informed
consent of research subjects.
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