E-DRUG: Brazilian UN Human Rights resolution
--------------------------------------------
[The Brazilian UN Human Rights resolution passes with 52 in favour,
0 against and only 1 country (USA) abstaining.
Thanks to Ministro Frederico S. Duque Estrada Meyer for
this information. Crossposted from Pharm-Policy with thanks.
NN]
The Brazilian resolution that was presented to the UN Human
Rights Commission was approved yesterday, 52 votes in favor,
0 against and 1 abstention (USA).
TAKE 5 - AS TABLED - 12 APRIL 2001
COMMISSION ON HUMAN RIGHTS
57TH SESSION
RESOLUTION BY BRAZIL
ITEM 10 - ECONOMIC, SOCIAL AND CULTURAL RIGHTS
2001/ - Access to medication in the context of pandemics
such as HIV/AIDS
The Commission on Human Rights,
PP1 - Reaffirming the Universal Declaration of Human
Rights and the International Covenant on Economic, Social
and Cultural Rights,
PP2 - Reaffirming that the right of everyone to the
enjoyment of the highest attainable standard of physical
and mental health is a Human Right,
PP3 - Recalling its resolution 1999/49 of 27 April 1999
and welcoming the Report of the Secretary General on the
protection of Human Rights in the context of human
immunodeficiency virus (HIV) and acquired
immunodeficiency syndrome (AIDS) (E/CN.4/2001/80),
PP4 - Bearing in mind World Health Assembly resolution
53/14 "HIV/AIDS: confronting the epidemic", adopted 20
May 2000
PP5 - Acknowledging that prevention and comprehensive
care and support, including treatment and access to
medication for those infected and affected by pandemics
such as HIV/AIDS, are inseparable elements of an
effective response and must be integrated in a
comprehensive approach to combat such pandemics,
PP6 - Noting the Guidelines elaborated by the Second
International Consultation on HIV/AIDS and Human Rights
held in Geneva from 23 to 25 September 1996, in
particular Guideline n. 6,
PP7 - Taking note of the General Comment n. 14 issued on
4 July 2000 by the Committee on Economic, Social and
Cultural Rights regarding the Right to the Highest
Attainable Standard of Health,
PP8 - Noting with great concern that, according to the
Joint United Nations Programme on HIV/AIDS, the HIV/AIDS
pandemic claimed 21,800,000 lives by the end of 2000,
PP9 - Alarmed by the fact that, according to the same
source, over 36,000,000 people are infected with the HIV
virus by the end of 2000,
PP10 - Welcoming the recent initiatives from the
Secretary General and relevant UN agencies to make
HIV/AIDS related drugs more accessible to developing
countries and noting that much more can be done in this
regard,
PP11 - Recognizing that the spread of HIV/AIDS can have a
uniquely devastating impact on all sectors and levels of
society and stressing that the HIV/AIDS pandemic, if
unchecked, may pose a risk to stability and security, as
stated in Security Council resolution 1308 (2000) of 17
July 2000,
PP12 - Emphasizing, in view of the increasing challenges
presented by pandemics such as HIV/AIDS, the need for
intensified efforts to ensure universal respect for and
observance of human rights and fundamental freedoms for
all, including by reducing vulnerability to pandemics
such as HIV/AIDS and by preventing related discrimination
and stigma,
OP1 - Recognizes that access to medication in the context
of pandemics such as HIV/AIDS is one fundamental element
to achieve progressively the full realization of the
right of everyone to the enjoyment of the highest
attainable standard of physical and mental health,
OP2 - Calls upon States to pursue policies, in accordance
with applicable international law, including
international agreements acceded to, which would promote:
(i) availability in sufficient quantities of
pharmaceuticals and medical technologies used to treat
pandemics such as HIV/AIDS or the most common
opportunistic infections that accompany them;
(ii) accessibility to all without discrimination,
including to the most vulnerable sectors of the
population, of such pharmaceuticals or medical
technologies and affordability of such pharmaceuticals or
medical technologies for all, including socially
disadvantaged groups;
(iii) assurance that pharmaceuticals or medical
technologies used to treat pandemics such as HIV/AIDS or
the most common opportunistic infections that accompany
them, irrespective of their sources and countries of
origin, are scientifically and medically appropriate and
of good quality;
OP3 - Calls upon States, at the national level, on a non
discriminatory basis for all, to:
(i) refrain from taking measures which would deny or
limit equal access for all persons to preventive,
curative or palliative pharmaceuticals or medical
technologies used to treat pandemics such as HIV/AIDS or
the most common opportunistic infections that accompany
them;
(ii) adopt legislation or other measures, in accordance
with applicable international law, including
international agreements acceded to, to safeguard access
to such preventive, curative or palliative
pharmaceuticals or medical technologies from any
limitations by third parties;
(iii) adopt all appropriate positive measures to the
maximum of the resources allocated for this purpose so as
to promote effective access to such preventive, curative
or palliative pharmaceuticals or medical technologies;
OP4 - Also calls upon States, at the international level,
to take steps individually and/or through international
co-operation, in accordance with applicable international
law, including international agreements acceded to, such
as:
(i) to facilitate access in other countries to essential
preventive, curative or palliative pharmaceuticals or
medical technologies used to treat pandemics such as
HIV/AIDS or the most common opportunistic infections that
accompany them wherever possible as well as to extend the
necessary cooperation wherever possible, especially in
times of emergency;
(ii) to ensure that their actions as members of
international organizations take due account of the right
of everyone to the enjoyment of the highest attainable
standard of physical and mental health and that the
application of international agreements is supportive of
public health policies which promote broad access to
safe, efficient and affordable preventive, curative or
palliative pharmaceuticals and medical technologies;
OP5 - Calls upon the international community, the
developed countries in particular, to continue to assist
the developing countries in their fight against pandemics
such as HIV/AIDS through financial and technical support
as well as personnel training;
OP6 - Invites the Committee on Economic, Social and
Cultural Rights, when considering the Human Rights
dimension of combating pandemics such as HIV/AIDS, to
give attention to the issue of access to medication and
invites States to include appropriate information thereon
in the reports they submit;
OP7 - Requests the Secretary General of the United
Nations to solicit comments from Governments, United
Nations organs, programs and specialized agencies and
international and non-governmental organizations on the
steps they have taken to promote and implement, where
applicable, the present resolution, as well as to report
thereon to the Commission at its fifty-eighth session;
OP8 - Decides to continue consideration of the matter at
its fifty-eighth session under the same agenda item.
--
Send mail for the `E-Drug' conference to `e-drug@usa.healthnet.org'.
Information and archive http://www.healthnet.org/programs/edrug.html
Mail administrative requests to `majordomo@usa.healthnet.org'.
For additional assistance, send mail to: `owner-e-drug@usa.healthnet.org'.