[Ip-health] 8 March 2017 - Human Rights Council's Access to Medicines panel set to discuss Report of UN HLP

Thiru Balasubramaniam thiru at keionline.org
Fri Mar 3 22:53:44 PST 2017


http://keionline.org/node/2734
8 March 2017 - Human Rights Council's Access to Medicines panel set to
discuss Report of UN HLP


   -

Submitted by thiru <http://keionline.org/user/6> on 4. March 2017 - 8:49

On 8 March 2017, the Human Rights Council will convene a three hour Access
to Medicines panel which will take place from 3 PM to 6 PM in Room XX of
the Palais des Nations in Geneva. This panel is mandated by resolution
A/HRC/32/L.23/Rev.1
<https://documents-dds-ny.un.org/doc/UNDOC/LTD/G16/140/37/PDF/G1614037.pdf?OpenElement>
which
passed at 32nd session of the Human Rights Council (June/July 2016). The
resolution directed the Human Rights Council to convene an access to
medicines panel at its 34th session in March 2017.

The text of the adopted resolution contains language
<http://keionline.org/node/2605> calling upon States to apply the principle
of the de-linkage of the cost of biomedical R&D from the prices of
medicines, vaccines and diagnostics.

Reiterates the call upon States to continue to collaborate, as appropriate,
on models and approaches that support the delinkage of the cost of new
research and development from the prices of medicines, vaccines and
diagnostics for diseases that predominantly affect developing countries,
including emerging and neglected tropical diseases, so as to ensure their
sustained accessibility, affordability and availability and to ensure
access to treatment for all those in need;

The interactive panel on features the following speakers:

Chair:

H.E. Mr. Mouayed Saleh, Vice-President and Rapporteur of the Human Rights
Council

Opening statement:

Ms. Kate Gilmore, United Nations Deputy High Commissioner for Human Rights

Moderator:

H.E. Ms. Maria Nazareth Farani Azevêdo, Permanent Representative of Brazil
to the United Nations Office and other international organizations in Geneva

Panellists:

H.E. Ms. Ruth Dreifuss, former President of Switzerland, Chair of the
Global Commission on Drug Policy and Co-Chair of the Secretary-General’s
High-level Panel on Access to Medicines

The Honourable Michael Kirby, former Justice of the High Court of Australia
and Member of the Secretary-General’s High-level Panel on Access to
Medicines

Dr. Marie-Paule Kieny, Assistant Director-General, Health Systems and
Innovation, World Health Organization

Mr. Antony Taubman, Director of the Intellectual Property Division, World
Trade Organization

Mr. Carlos Correa Special Advisor on Trade and Intellectual Property, South
Centre

Mr. James Zhan, Director of the Division on Investment and Enterprise,
United Nations Conference on Trade and Development

Mr. Thomas Bombelles, Head of Global Health at the Global Issues Sector,
World Intellectual Property Organization

The objectives of the panel are:

Based on the request of the Human Rights Council, the panel discussion will
provide a platform for States and all relevant stakeholders to undertake a
comprehensive review of the challenges applicable to ensuring access to
medicines, and to exchange views on good practices in this regard. It is
envisaged that this exchange will explore, in particular, and from a human
rights perspective, the recommendations presented by the United Nations
Secretary-General’s High-level Panel on Access to Medicines (HLP). The
panel discussion will also explore possible contributions from the Human
Rights Council, together with the Office of the United Nations High
Commissioner for Human Rights (OHCHR) and other United Nations entities, on
providing States assistance to fulfil their obligations with regard to
access to medicines in the context of the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health.

The full text of the concept note follows.

34th session of the Human Rights Council

Panel discussion on good practices and key challenges relevant to access to
medicines as one of the fundamental elements of the right of everyone to
the enjoyment of the highest attainable standard of physical and mental
health

Draft concept note (as of 2 March 2017)

Date and venue:

8 March 2017, 3 - 6 p.m., Palais des Nations, Room XX, Geneva
(will be broadcast live and archived on http://webtv.un.org)

Objectives:

Based on the request of the Human Rights Council, the panel discussion will
provide a platform for States and all relevant stakeholders to undertake a
comprehensive review of the challenges applicable to ensuring access to
medicines, and to exchange views on good practices in this regard. It is
envisaged that this exchange will explore, in particular, and from a human
rights perspective, the recommendations presented by the United Nations
Secretary-General’s High-level Panel on Access to Medicines (HLP). The
panel discussion will also explore possible contributions from the Human
Rights Council, together with the Office of the United Nations High
Commissioner for Human Rights (OHCHR) and other United Nations entities, on
providing States assistance to fulfil their obligations with regard to
access to medicines in the context of the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health.

Chair:

H.E. Mr. Mouayed Saleh, Vice-President and Rapporteur of the Human Rights
Council

Opening statement:

Ms. Kate Gilmore, United Nations Deputy High Commissioner for Human Rights

Moderator:

H.E. Ms. Maria Nazareth Farani Azevêdo, Permanent Representative of Brazil
to the United Nations Office and other international organizations in Geneva

Panellists:

H.E. Ms. Ruth Dreifuss, former President of Switzerland, Chair of the
Global Commission on Drug Policy and Co-Chair of the Secretary-General’s
High-level Panel on Access to Medicines

The Honourable Michael Kirby, former Justice of the High Court of Australia
and Member of the Secretary-General’s High-level Panel on Access to
Medicines

Dr. Marie-Paule Kieny, Assistant Director-General, Health Systems and
Innovation, World Health Organization

Mr. Antony Taubman, Director of the Intellectual Property Division, World
Trade Organization

Mr. Carlos Correa Special Advisor on Trade and Intellectual Property, South
Centre

Mr. James Zhan, Director of the Division on Investment and Enterprise,
United Nations Conference on Trade and Development

Mr. Thomas Bombelles, Head of Global Health at the Global Issues Sector,
World Intellectual Property Organization

Outcome:

As mandated by Council resolution 32/15, a summary report of the panel
discussion will be prepared by the United Nations High Commissioner for
Human Rights and submitted to the Human Rights Council at its thirty-sixth
session. The document will provide the basis for the follow-up to the HLP
report from a human rights perspective.

Mandate:

The Human Rights Council adopted resolution 32/15 on 1 July 2016, in which
it decided “to convene, at its thirty-fourth session, a panel discussion to
exchange views on good practices and key challenges relevant to access to
medicines as one of the fundamental elements of the right of everyone to
the enjoyment of the highest attainable standard of physical and mental
health, taking into account all relevant reports”. As part of the
preparations for the panel discussion, the Council invited the United
Nations High Commissioner for Human Rights “to liaise with States and all
stakeholders, including relevant United Nations bodies, agencies, funds and
programmes, treaty bodies, special procedure mandate holders, national
human rights institutions and civil society, with a view to ensuring their
participation in the panel discussion”.

Format:

The panel discussion will be interactive. The session will be chaired by
the Vice-President of the Human Rights Council. The Deputy High
Commissioner for Human Rights will deliver an opening statement. The
moderator will present the scope of the discussion and introduce the
panelists. The panelists will be given 5 minutes each to make their initial
statements, guided by the moderator. After the conclusion of the 35-minute
initial discussion, an interactive debate, chaired by the Vice-President of
the Human Rights Council, will follow. There will be two rounds of
interventions (45 minutes per round) by Member States and observers, with
comments and questions from the floor (2 minutes per intervention),
followed by 15 minutes for comments and replies by panelists (2 minutes
each) and short concluding remarks by the moderator.

States, international organizations, national human rights institutions,
non-governmental organizations and other observers are encouraged to
intervene in an interactive way, through questions, comments and sharing of
experiences, good practices and challenges, as well as suggested
recommendations, with a view to contributing to a constructive and
inclusive debate.

Interpretation will be provided in the six United Nations official
languages (Arabic, Chinese, English, French, Russian and Spanish).

Accessibility

In an effort to render the Human Rights Council more accessible to persons
with disabilities and to allow them to participate in the work of the
Council on an equal basis with others, this panel discussion will be made
accessible to persons with disabilities. During the debate, international
sign interpretation and real-time captioning will be provided and
webcasted. Physical accessibility will be promoted by making room
facilities wheelchair friendly. As per established guidelines, braille
printing will be available on demand. The Accessibility guide to the Human
Rights Council for persons with disabilities is available for further
information.

Background:

Every human being is entitled to the enjoyment of the highest attainable
standard of physical and mental health conducive to living a life in
dignity. Health is a fundamental human right indispensable for the exercise
of other human rights. The human right to health is a justiciable right
recognized by several international human rights instruments, including the
Universal Declaration of Human Rights and the International Covenant on
Economic, Social and Cultural Rights (ICESCR). States are obliged to
respect, protect and fulfil the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health, which includes a
duty to ensure access to affordable medicines, recognizing the essential
importance of international co-operation and technical assistance to this
effect. While the right to health imposes an immediate obligation to
provide access to essential medicines, States also remain obliged to the
progressive realization of access to all health technologies. Nevertheless,
even with the great potential of science and technology to advance health
care, at least one third of the world population has no regular access to
medicines. The recent outbreaks of highly infectious disease epidemics have
also demonstrated the importance of developing new and innovative medicines
and vaccines and of ensuring access to safe, affordable, efficacious and
quality medicines and vaccines to all.

States, international organizations, civil society organizations and the
private sector have been engaging in different fora to discuss how better
to address this global challenge. These include, among others, making full
use of the TRIPS flexibilities; strengthening the global partnership for
development; capacity-building and the transfer of technology on mutually
agreed terms; and price reductions.

The General Assembly held special sessions on the AIDS epidemic and its
impact on development in 2001, 2006, 2011, and 2016; high-level meetings on
noncommunicable disease prevention and control, in 2011, and on
antimicrobial resistance and its impact on public health, in 2016. In 2016,
General Assembly resolution 71/159 on global health and foreign policy
called for partnerships for global health to support Member States,
including low-income countries, in carrying out their primary
responsibility to accelerate the transition towards universal health
coverage. The resolution further requested the Secretary-General to promote
discussion among Member States and relevant stakeholders on appropriate
policy options to promote access to medicines, innovation and health
technologies bearing in mind, as appropriate, all relevant reports.

Through the adoption of the United Nations 2030 Agenda for Sustainable
Development, all States committed themselves to achieving universal health
care where everybody is supposed to receive their required health care
services not hindered by their financial status. In this regard,
Sustainable Development Goal 3 states: “Ensure healthy lives and promote
well-being for all at all ages” and target 3.8 requires that the
international community should strive to “achieve universal health
coverage, including financial risk protection, access to quality essential
health care services and access to safe, effective, quality and affordable
essential medicines and vaccines for all”.

In 2015, the Secretary-General decided to establish a High-level Panel on
Access to Medicines (HLP), with the mandate to make proposals on how to
address policy incoherence in public health, trade, the justifiable rights
of inventors, and human rights, in line with the new sustainable
development goals, in particular Goal 3. The findings of the final report
of the HLP include a recommendation to Governments to review, at regular
intervals, the situation of access to health technologies in their
countries in light of human rights principles and State’s obligations to
fulfil them, with assistance from the OHCHR and other United Nations
entities. It also recommends Governments to ensure that bilateral and
regional trade and investment treaties do not include provisions that
interfere with their obligations to fulfil the right to health.

Background documents:

United Nations Secretary-General’s High-level Panel on Access to Medicines
(web page) and the Panel’s report on promoting innovation and access to
health technologies (September 2016)

Human Rights Council resolution 32/15 of 1 July 2016 entitled “Access to
medicines in the context of the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health”

General Assembly resolution 70/1 of 25 September 2015 entitled
“Transforming our world: the 2030 Agenda for Sustainable Development”

Report of the 2015 Social Forum on Access to Medicines (A/HRC/29/44)

Report of the Special Rapporteur on the right of everyone to the enjoyment
of the highest attainable standard of physical and mental health, Anand
Grover, on access to medicines (A/HRC/23/42)

Committee on Economic, Social and Cultural Rights, General comments No. 14
(2000) and No. 17 (2006)



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