Special Rapporteur of the Commission on Human Rights on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health

Draft Guidelines for Pharmaceutical Companies open for consultations until 15 May 2008

Introduction

In resolution 2002/31, the Commission on Human Rights decided to appoint, for a period of three years, a Special Rapporteur whose mandate will focus on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, as reflected in article 25 (1) of the Universal Declaration of Human Rights (UDHR), article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), article 24 of the Convention on the Rights of the Child (CRC) and article 12 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), as well as on the right to non-discrimination as reflected in article 5 (e) (iv) of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).

The Special Rapporteur is requested to:

(a) gather, request, receive and exchange right to health information from all relevant sources;

(b) dialogue and discuss possible areas of cooperation with all relevant actors, including Governments, relevant United Nations bodies, specialized agencies and programmes, in particular the World Health Organization (WHO) and the Joint United Nations Programme on HIV/AIDS, as well as non-governmental organizations(NGOs) and international financial institutions;

(c) report on the status, throughout the world, of the right to health, including laws, policies, good practices and obstacles;

(d) make recommendations on appropriate measures that promote and protect the right to health.

The Special Rapporteur is further asked to apply a gender perspective and to pay special attention to the needs of children in the realization of the right to health, to take into account the relevant provisions, inter alia, of the Durban Declaration and Programme of Action, and to bear in mind in particular General Comment No. 14 of the Committee on Economic, Social and Cultural Rights (CESCR) and General Recommendation No. 24 of the Committee on the Elimination of Discrimination against Women.

In resolution 2004/27 the Commission invited the Special Rapporteur :

-to continue to explore how efforts to realize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health can reinforce poverty reduction strategies;

-to continue his analysis of the human rights dimensions of the issues of neglected diseases and diseases particularly affecting developing countries, and also the national and international dimensions of those issues;

The Commission also called upon Governments to cooperate fully with the Special Rapporteur in the implementation of his mandate, to provide all information requested and to respond promptly to his communications.

In the discharge of his mandate the Special Rapporteur:

(a) Undertakes country and other visits (see Country Visits);

(b) Transmits communications to States with regard to alleged violations of the right to health (See Individual Complaints) and

(c) Submits annual reports on the activities carried out under the mandate to the Commission and the General Assembly (see Annual Reports).

Special Rapporteur:

• Mr. Paul Hunt ( New Zealand )