• Business and human rights

Business and human rights

This briefing points out that access to essential medicines is a fundamental element of the right to health. It examines the role of the pharmaceutical industry in ensuring access to medicines generally and in particular for sexual and reproductive health.
 
Sexual and reproductive health are key elements of the right to the highest attainable standard of health. There is a strong link between HIV/AIDS and sexual and reproductive health. The international community agrees that the MDGs will not be achieved without ensuring access to sexual and reproductive health services and an effective global response to HIV/AIDS. The availability of antiretroviral therapy (ART) has significantly reduced AIDS morbidity and mortality in developed countries. Yet in developing countries, where 95% of HIV positive people live, the overwhelming majority still does not have access to life-sustaining medication.
 
This briefing argues that in association with international institutions and CSO’s pharmaceutical companies can play an important role in ensuring access to vaccination thus meeting their human rights obligations. It provides guidance for ensuring the availability and accessibility of vaccinations for immunisation against serious sexual and reproductive health problems, such as HPV. Some of the recommendations for pharmaceutical companies include:

• The company should adopt a human rights policy statement which expressly recognises the importance of human rights generally, and the right to the highest attainable standard of health in particular, in relation to the strategies, policies, programmes, projects and activities of the company
• The company should integrate human rights, including the right to the highest attainable standard of health, into the strategies, policies, programmes, projects and activities of the company.
• The company should always comply with the national law of the State where it operates, as well as any relevant legislation of the State where it is domiciled.
• The company should refrain from any conduct that will or may encourage a State to act in a way that is inconsistent with its obligations arising from national and international human rights law, including the right to the highest attainable standard of health.
• Whenever formulating and implementing its strategies, policies, programmes, projects and activities that bear upon access to medicines, the company should give particular attention to the needs of disadvantaged individuals, communities and populations, such as children, the elderly and those living in poverty.
• The company should also give particular attention to the very poorest in all markets, as well as gender-related issues.
• Pharmaceutical companies should develop culturally appropriate information packages to avoid a negative reaction against the vaccination.
• Critically, if access it to be enhanced, prices must come down

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