[Ip-health] 8 March 2017 - Statement of Deputy High Commissioner (Kate Gilmore, OHCHR) on the Right to Health

Thiru Balasubramaniam thiru at keionline.org
Wed Mar 8 23:29:35 PST 2017


http://keionline.org/node/2737

8 March 2017 - Statement of Deputy High Commissioner (Kate Gilmore, OHCHR)
on the Right To Health


   -

Submitted by thiru <http://keionline.org/user/6> on 9. March 2017 - 9:26

On 8 March 2017, Kate Gilmore, United Nations Deputy High Commissioner for
Human Rights, delivered this opening address to the Human Rights Council's
panel on Access to Medicines. Deputy High Commissioner Gilmore identified
the following challenge posed by intellectual property rights:

The protection of intellectual property rights must not be allowed to trump
enjoyment of the right to health: Strong competition laws and policies
together with forceful enforcement are required to prevent companies from
indulging in anti-competitive practices and promote competitive pricing of
medicines.

The entire text of Gilmore's intervention is reproduced below.

HUMAN RIGHTS COUNCIL
34TH SESSION
8 MARCH 2017, 3 P.M. – 6 P.M.
PALAIS DES NATIONS, ROOM XX

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

STATEMENT OF THE DEPUTY HIGH COMMISSIONER

Excellencies

The right to health framework calls for States to ensure universal access
to good quality health care, including essential medicines, on the basis of
equality and non-discrimination.

In this, the protection of those who are marginalised, those without
options – those who routinely are left behind - is essential. Without
access to life saving commodities scale realisation of the right to health
will remain an unattainable goal.

Further enjoyment of the benefits of scientific progress is a right (the
right to science), recognised in the Universal Declaration of Human Rights
and the International Covenant on Economic, Social and Cultural Rights, and
whose key elements include the affirmation that innovations essential for a
life with dignity should be accessible to everyone, without discrimination.

These human rights norms are so fundamental – so intertwined with numerous
other rights as to be binding on all States.

Yet, millions are unable today to access essential medicines any due to
inherent lack of these commodities, but to entirely man-made policy
deficits and entrenched practices which place in the balance the lives and
well being of million the world over – and not only those in low-income
countries.

For example, as of June 2016, 18.2 million people living with HIV but only
half were accessing antiretroviral therapy. A vast improvement on previous
periods, this is not nearly enough.

Today we celebrate women, and yet falsely packaged as cultural and
political preferences, denial of womens’ and girls’ access to medicines
brings injury and death. It is unconscionable that young women can be old
enough to catch an STI but deemed too young to have autonomous access to
services for its treatment. Indefensible that a young women can be old
enough to be pregnant but too young to have contraception. It is
unconscionable that we condemn young women for becoming pregnant, expel
them from schools, and yet refuse to provide them with the medicines and
services they need to be in control of their own fertility.

When medicines are beyond put beyond the reach or means of those who need
them, families are left to manage tragic consequences. And when health
fails the standard of living falls and many other opportunities and rights
become unattainable: the opportunities to learn, to earn and to fulfil
one’s potential. Health is an enabler of other rights – and as such needs
to be given top priority.

Concrete steps can and must be taken to course correct: As the Special
Rapporteur on health has pointed out, States need to shift from the
dominant market-oriented perspective on access to medicines towards a
right-to-health paradigm. Powerful commercial and other interests should
not be allowed to dictate public health policy to the detriment of human
rights.

This means recognizing, and responding to, a number of challenges among
them:

   - The protection of intellectual property rights must not be allowed to
   trump enjoyment of the right to health: Strong competition laws and
   policies together with forceful enforcement are required to prevent
   companies from indulging in anti-competitive practices and promote
   competitive pricing of medicines.
   - Human rights and stakeholder participation must influence trade
   agreements: Stakeholders have a right to participate in health policy
   formulation, implementation, monitoring and under the human rights-based
   approach - trade and investment agreements should be negotiated and
   concluded with their input.
   - Availability, accessibility, and acceptability of good quality
   medicines for everyone on the basis of non-discrimination must be
   integrated into health policy frameworks.
   - Policy makers and other actors involved in the implementation of
   health policy are accountable to the users of health services
   - We must undo the power imbalances that lie at the heart of this issue
   by empowering rights-holders to claim their health and health-related
   rights and hold policy makers accountable for delivering on this.

Perhaps that the greatest obstacles to fulfilling the obligation to ensure
access to medicines for all is political will. But it is more than
politicals-formal of the State – it is also a question of health economics,
the ethics of the pharmaceutical industry, a responsibility of health care
providers and health professionals and their schools. We call on all these
authorities and actors to stand up for the right to health – a call of true
poignancy given this is IWD and given how many women’s, newborns’, children
and adolescents’ lives hang in the balance of this determination.



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