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Rapporteur has considered the responsibility of those States that are in a position to
assist, to engage in international assistance and cooperation, in a number of his
other reports (see A/60/348).
64. In the context of medicines, this responsibility means that no rich State should
encourage a developing country to accept intellectual property standards that do not
take into account the safeguards and flexibilities included under the TRIPS
Agreement.44 In other words, developed States should not encourage a developing
country to accept “TRIPS-plus” standards in any bilateral or multilateral trade
agreement. They should help developing countries establish effective, integrated,
inclusive health systems that include reliable medicine supply systems delivering
quality affordable medicines for all, and support research and development into the
priority health needs of developing countries (see also para. 48).
Monitoring and accountability
65. The right to health brings with it the crucial requirement of establishing
accessible, transparent and effective mechanisms of monitoring and accountability.
Those with right-to-health responsibilities must be held to account in relation to the
discharge of their duties, with a view to identifying successes and difficulties; so far
as necessary, policy and other adjustments can then be made. There are many
different forms of monitoring and accountability mechanisms. While a State will
decide which are most appropriate in its particular case, all mechanisms must be
effective, accessible and transparent.
66. A national medicines policy must be subject to appropriate monitoring and
accountability. This requires that the policy set out: the Government’s right-tohealth obligations in relation to medicines; an implementation plan that identifies
objectives, timelines, duty holders and their responsibilities, indicators, benchmarks,
and reporting procedures. From time to time, a suitable national body (e.g. a health
ombudsman) will have to consider the degree to which those responsible for the
implementation of the national medicines policy have fulfilled their duties — not
with a view to sanction and punishment, but with a view to establishing which
policies and institutions are working and which are not, with the aim of improving
the realization of the right to medicines for all.
A selection of specific, practical issues regarding access to medicines
67. Ensuring access to medicines for all gives rise to a wide range of specific,
practical and important issues. By way of illustration, this section briefly introduces
four of these issues, keeping in mind the analytical framework signalled in the
preceding paragraphs.
A reliable system for the supply of good-quality affordable medicines
68. Whether it chooses a supply system that is public, private or mixed, a State has
a legal obligation to ensure that there is a reliable, efficient, transparent system for
the supply of quality affordable medicines throughout its jurisdiction. The supply
system must be attuned to current needs, obtain good value for money, minimize
waste and avoid corruption (for more on corruption, see paras. 78-80). Crucially, it
must be designed to serve those living in poverty and isolated communities, as well
as wealthy urban elites.
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