Human Rights Council: Intervention of Brazil on resolution on access to medicines in the context of the right to health

On Thursday, 13 June 2013, at the Twenty-third session of the Human Rights Council in Geneva, Brazil delivered the following intervention introducing draft resolution L.10/Rev.1 on Access to medicines in the context of the right of everyone to the enjoyment of physical and mental health on behalf of India, Brazil, South Africa (IBSA), Egypt, Indonesia, Senegal and Thailand and 27 original cosponsors including Gabon, on behalf of the 54 countries of the African Group.

Mr. President,

I have the honor to introduce draft resolution L.10/Rev.1 on behalf of India, Brazil, South Africa (IBSA), Egypt, Indonesia, Senegal and Thailand and 27 original cosponsors, which appear in the text before us, including Gabon, on behalf of the 54 countries of the African Group.

I am pleased to inform that the following countries have also joined the list of cosponsors: Azerbaijan, Bosnia, Cambodia, Nicaragua, Qatar, Viet Nam as well as Pakistan on behalf of the 57 members of the OIC and Algeria on behalf of the 22 members of the Arab League.

As of this moment, L.10/Rev.1 counts approximately with 100 cosponsors.

The present draft resolution on access to medicines in the context of the right to health is inspired by the study presented two weeks ago by the Special Rapporteur Anand Grover on existing challenges with regard to on access to medicines, ways to overcome them and good practices.

It should always be reminded that access to medicines is one of the fundamental elements in achieving progressively the full realization of the right to health.

This is certainly the backbone of the draft.

The resolution also reminds ourselves about the challenges we still face in this domain. An alarming figure speaks for itself: more than one billion people do not have access to essential medicines. This is why a particular section of the resolution is directed at States. It contains language on local production; regulations with a view to providing access to affordable medicines; the full use of health safeguards contained in the TRIPS Agreement; transfer of technology; delinkage of the costs of research and development and the price of health products; and the promotion of universal health coverage.

Mr. President,

Access to medicines has been on the agenda of the UN human rights system for over a decade, even before the establishment of the mandate on the right to health by the former Commission on Human Rights.

More recently, at this Council, an important step was taken in 2009 with the adoption of the resolution on access to medicines in a broader sense, therefore not restricted to a few (although important) diseases. Two years
later, another consensual resolution was adopted, requesting the Special Rapporteur to prepare a study on access to medicines.

Again, as before, consensus has been one of our main objectives. We are neither aiming at creating divisiveness in this Council, nor are we seeking to rewrite agreements in the areas of intellectual property and health. Many parts of the text before us reproduce agreed language from two or four years ago. Even though we did our best to create a good level of comfort throughout the negotiating process, we could not allow ourselves to step back on crucial issues or agreed language.

Mr. President,

The right to health should continue at the top of our agenda. Health is, after all, a prerequisite for the realization of all human rights for all.

In this resolution, we are simply inviting a number of players, in particular the World Health Organization, to consider the findings of the study of the Special Rapporteur. We are also inviting the Rapporteur himself to continue to focus on the issue of access to medicines, including in his regular country missions.

Let there be no doubt that those who are behind this resolution are giving a strong message to the international community: no effort will be spared to realize the highest attainable level of health for our peoples.

We would like to thank the constructive collaboration of all colleagues who participated in this exercise, particularly the expert of the core group countries.

Mr. President,

Brazil, along with the core group countries, worked tirelessly and constructively to accommodate all positions. The number of cosponsors shows how critical this issue of health is to the full enjoyment of all human rights. Having said that, we would like to invite all members, particularly those who are often vocally active in defense of political rights to walk their talk when it comes to economic and social rights.

We therefore call on all members to join consensus around this resolution.

Thank you.

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