A/HRC/RES/16/28
Noting with concern that almost fourteen million six hundred thousand HIV-positive
people in low- and middle-income countries lack access to antiretroviral therapy,
particularly in sub-Saharan Africa, that an estimated one million end-stage AIDS patients
have no access to treatment for moderate to severe pain, and that many people in need fail
to receive treatment for tuberculosis and other HIV-related opportunistic infections,
Recalling that access to medicine is one of the fundamental elements in achieving
progressively the full realization of the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health, and that it is the responsibility of States
to ensure access for all, without discrimination, to medicines, in particular essential
medicines that are affordable, safe, effective and of good quality,
Reaffirming the right to use, to the fullest extent, the provisions contained in the
World Trade Organization Agreement on Trade-related Aspects of Intellectual Property
Rights (TRIPS Agreement), the Doha Declaration on the TRIPS Agreement and Public
Health, the decision of the General Council of the World Trade Organization of 30 August
2003 on the implementation of paragraph 6 of the Doha Declaration and, when formal
acceptance procedures are completed, the amendments to article 31 of the TRIPS
Agreement, as proposed by the General Council of the World Trade Organization in its
decision of 6 December 2005, which provide flexibilities for the protection of public health,
and, in particular, to promote access to medicines for all, encouraging the provision of
assistance to developing countries in this regard and calling for a broad and timely
acceptance of the amendments to article 31 of the TRIPS Agreement,
Recalling the Global Strategy and Plan of Action on Public Health, Innovation and
Intellectual Property, adopted by the World Health Assembly on 24 May 2008,
Reaffirming the urgent need to scale up efforts significantly towards the goal of
universal access to comprehensive HIV prevention, treatment, care and support,
Recalling World Health Assembly resolutions 62.12, on primary health care,
including health system strengthening, and 62.14, on reducing health inequities through
action on the social determinants of health, of 22 May 2009,
Expressing deep concern that HIV infection significantly increases the risk of
maternal mortality and morbidity and that, in countries with high HIV prevalence, AIDSrelated complications are one of the leading causes of maternal mortality,
Noting with concern that more than sixteen million children under the age of 18
have been orphaned by AIDS, and that about fourteen million eight hundred thousand of
these children live in sub-Saharan Africa,
Concerned at the continuing high prevalence of HIV among key populations at
higher risk, as defined in the 2011-2015 Strategy of the Joint United Nations Programme on
HIV/AIDS, endnote 41 (hereinafter referred to as “key populations”), and the need to
ensure their unimpeded access to HIV-related prevention, treatment, care and support;
Mindful of the importance of ensuring national, regional and international legal
environments that ensure universal access to HIV-related prevention, treatment, care and
support, including for key populations,
Concerned at the instances of multiple or aggravated forms of discrimination,
stigma, violence and abuses that affect the enjoyment of human rights and often lead to
particular targeting of people living with, presumed to be living with or affected by
HIV/AIDS and members of key populations, as well as to increased vulnerability to HIV,
and also recalling the importance that States adopt or strengthen programmes or measures
to eradicate multiple or aggravated forms of discrimination, violence and abuse, in
particular by adopting or improving penal or civil legislation to address these phenomena,
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