Report on access to health by UN Special Rapporteur on Right to Health (2009)

The report, submitted in accordance with Human Rights Council resolution 6/29 briefly reflects on the activities of and issues of particular interest to the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (right to health). The Special Rapporteur took up his duties on 1 August 2008. The first chapter of the report explains the relation between the right to the highest attainable standard of physical and mental health, specifically in regard to access to medicines, and intellectual property rights. Chapter II is devoted to the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereafter TRIPS) and TRIPS flexibilities. The Special Rapporteur explores the way in which flexibilities have been used and incorporated into national patent laws of developing and least-developed countries. Chapter III analyses free trade agreements and the effect of TRIPS - plus requirements on access to medicines that were pushed forward in developing countries by WTO member states, EU, the US and others.