Resolution adopted by the General Assembly on 22 December 2003  [on the report of the Third Committee (A/58/508/Add.2)]  58/179. Access to medication in the context of pandemics such as  HIV/AIDS, tuberculosis and malaria        The General Assembly,    Reaffirming the Universal Declaration of Human Rights1 and the International  Covenant on Economic, Social and Cultural Rights,2    Reaffirming also that the right of everyone to the enjoyment of the highest  attainable standard of physical and mental health is a human right,     Recalling Commission on Human Rights resolutions 2001/33 of 23 April  2001,3 2002/32 of 22 April 20024 and 2003/29 of 22 April 2003,5    Acknowledging that prevention and comprehensive care and support, including  treatment and access to medication for those infected and affected by pandemics  such as HIV/AIDS, tuberculosis and malaria, are inseparable elements of an  effective response and must be integrated into a comprehensive approach to respond  to such pandemics,    Stressing the importance of fully implementing the Declaration of Commitment  on HIV/AIDS, “Global Crisis – Global Action”,6 and taking note of the report of the  Secretary-General,7    Welcoming the continuing political commitment demonstrated at the high-level  plenary meetings of the General Assembly devoted to the follow–up to the outcome  of  its  twenty-sixth  special  session  and  the  implementation  of  the  Declaration of Commitment on HIV/AIDS, “Global Crisis – Global Action”, held on  22 September 2003,  _______________  1 Resolution 217 A (III).  2 See resolution 2200 A (XXI), annex.  3 See Official Records of the Economic and Social Council, 2001, Supplement No. 3 (E/2001/23), chap. II,  sect. A.  4 Ibid., 2002, Supplement No. 3 (E/2002/23), chap. II, sect. A.  5 Ibid., 2003, Supplement No. 3 (E/2003/23), chap. II, sect. A.  6 Resolution S-26/2, annex.  7 A/58/184.   A/RES/58/179  2    Expressing its support for the work of the Global Fund to Fight AIDS,  Tuberculosis and Malaria and that of other international bodies combating such  pandemics,    Bearing in mind World Health Assembly resolutions WHA55.12 and  WHA55.14, both of 18 May 2002,8 and WHA56.30 of 28 May 2003,9    Bearing in mind also the International Labour Organization Code of Practice  on HIV/AIDS and the World of Work, adopted by the Governing Body of the  International Labour Organization in June 2001,10    Taking note of general comment No. 14 (2000) on the right to the highest  attainable standard of physical and mental health (article 12 of the International  Covenant on Economic, Social and Cultural Rights), adopted by the Committee on  Economic, Social and Cultural Rights at its twenty-second session,11    Taking note also of general comment No. 3 (2003) on HIV/AIDS and the  rights of the child, adopted by the Committee on the Rights of the Child at its  thirty-second session,12    Alarmed that the HIV/AIDS pandemic claimed 3.1 million lives in 2002, that  about 42 million people were living with HIV by the end of 2002 and that 25 million  children under the age of 15, including 20 million in Africa, are projected to lose  one or both parents by 2010 owing to HIV/AIDS,    Fully aware that the failure to deliver antiretroviral treatment for HIV/AIDS to  the millions of people who need it is a global health emergency,    Recalling its resolution 57/294 of 20 December 2002, entitled “2001–2010:  Decade to Roll Back Malaria in Developing Countries, Particularly in Africa”,    Alarmed that, according to the global Roll Back Malaria Partnership, malaria  annually causes more than 1 million deaths, around 90 per cent of which are in  Africa, that it is the leading cause of death in young children and that it causes at  least 300 million cases of acute illness each year,    Also alarmed that, according to the World Health Organization global  tuberculosis control report of 2003,13 tuberculosis kills about 2 million people each  year, that 7 to 8 million people around the world become sick with tuberculosis each  year and that it is projected that 36 million people will die of tuberculosis between  2002 and 2020 if control is not further strengthened,    Acknowledging the significance of HIV/AIDS in the increase in tuberculosis  and other opportunistic diseases,    Welcoming the initiatives of the Secretary-General and relevant United Nations  agencies, States and civil society, including the private sector, to make drugs related  to HIV/AIDS, tuberculosis and malaria more accessible and affordable to infected  _______________  8 See World Health Organization, Fifty-fifth World Health Assembly, Geneva, 13-18 May 2002,  Resolutions and Decisions, Annexes (WHA55/2002/REC/1).  9 Ibid., Fifty-sixth World Health Assembly, Geneva, 19-28 May 2003, Resolutions and Decisions, Annexes  (WHA56/2003/REC/1).  10 ILO/AIDS/2001/2.  11 Official Records of the Economic and Social Council, 2001, Supplement No. 2 (E/2001/22), annex IV.  12 CRC/GC/2003/3.  13 WHO/CDS/TB/2003/316.   A/RES/58/179  3  persons, especially in developing countries, and noting that much more could be  done in this regard,    Recalling the Declaration on the Agreement on Trade-Related Aspects of  Intellectual Property Rights (TRIPS Agreement) and Public Health adopted at the  Fourth World Trade Organization Ministerial Conference in Doha in November  2001,14 and welcoming the World Trade Organization General Council decision of  30 August 2003 on the implementation of paragraph 6 of the Declaration,15    Recognizing that the spread of HIV/AIDS can have a uniquely devastating  impact on all sectors and levels of society, and stressing that the HIV/AIDS  pandemic, if unchecked, may pose a risk to stability and security, as stated in  Security Council resolution 1308 (2000) of 17 July 2000,    Emphasizing, in view of the increasing challenges presented by pandemics such  as HIV/AIDS, tuberculosis and malaria, the need for intensified efforts to ensure  universal respect for and observance of human rights and fundamental freedoms for  all, including by reducing vulnerability to pandemics such as HIV/ AIDS, tuberculosis  and malaria and by preventing related discrimination and stigma,    1.  Recognizes that access to medication in the context of pandemics such as  HIV/AIDS, tuberculosis and malaria is one fundamental element for achieving  progressively the full realization of the right of everyone to the enjoyment of the  highest attainable standard of physical and mental health;    2.  Welcomes the commitment of the World Health Organization and the  Joint United Nations Programme on HIV/AIDS to work with the international  community to support developing countries in achieving the global target of  providing antiretroviral medicines to 3 million people infected with HIV/AIDS by  the end of 2005, the “3 by 5” target;    3.  Takes note with interest of the interim report of the 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;16    4.  Calls upon States to develop and implement national strategies, in  accordance with applicable international law, including international agreements  acceded to, to progressively realize access for all to prevention-related goods,  services and information as well as access to comprehensive treatment, care and  support for all individuals infected and affected by pandemics such as HIV/AIDS,  tuberculosis and malaria;    5.  Also calls upon States to establish or strengthen national health and  social infrastructures and health-care systems, with the assistance of the  international community as necessary, for the effective delivery of prevention,  treatment, care and support to respond to pandemics such as HIV/AIDS,  tuberculosis and malaria;    6.  Further calls upon States to pursue policies, in accordance with  applicable international law, including international agreements acceded to, which  would promote:  _______________  14 WT/MIN(01)/DEC/2. Available from http://docsonline.wto.org.  15 WT/L/540. Available from http://docsonline.wto.org  16 See A/58/427.   A/RES/58/179  4    (a)  The availability in sufficient quantities of pharmaceutical products and  medical technologies used to treat pandemics such as HIV/AIDS, tuberculosis and  malaria or the most common opportunistic infections that accompany them;    (b)  The accessibility and affordability for all, without discrimination,  including the most vulnerable or socially disadvantaged groups of the population, of  pharmaceutical products or medical technologies used to treat pandemics such as  HIV/AIDS, tuberculosis and malaria or the most common opportunistic infections  that accompany them;    (c)  The assurance that pharmaceutical products or medical technologies used  to treat pandemics such as HIV/AIDS, tuberculosis and malaria or the most common  opportunistic infections that accompany them, irrespective of their sources and  countries of origin are scientifically and medically appropriate and of good quality;    7.  Calls upon States, at the national level, on a non-discriminatory basis, in  accordance with applicable international law, including international agreements  acceded to:    (a)  To refrain from taking measures that would deny or limit equal access for  all persons to preventive, curative or palliative pharmaceutical products or medical  technologies used to treat pandemics such as HIV/AIDS, tuberculosis and malaria or  the most common opportunistic infections that accompany them;    (b)  To adopt and implement legislation or other measures, in accordance  with applicable international law, including international agreements acceded to, to  safeguard access to such preventive, curative or palliative pharmaceutical products  or medical technologies from any limitations by third parties;    (c)  To adopt all appropriate positive measures, to the maximum of the  resources allocated for this purpose, to promote effective access to such preventive,  curative or palliative pharmaceutical products or medical technologies;    8.  Also calls upon States, in furtherance of the Declaration of Commitment  on HIV/AIDS,6 to address factors affecting the provision of drugs related to the  treatment of pandemics such as HIV/AIDS and the most common opportunistic  infections that accompany them, as well as to develop integrated strategies to  strengthen health-care systems, including voluntary counselling and testing,  laboratory capacities and the training of health-care providers and technicians, in  order to provide treatment and monitor the use of medications, diagnostics and  related technologies;    9.  Further calls upon States to take all appropriate measures, nationally and  through cooperation, to promote the research and development of new and more  effective preventive, curative or palliative pharmaceutical products and diagnostic  tools, in accordance with applicable international law, including international  agreements acceded to;    10. Calls upon States, at the international level, to take steps, individually  and/or  through  international  cooperation,  in  accordance  with  applicable  international law, including international agreements acceded to, such as:    (a)  Facilitating, wherever possible, access in other countries to essential  preventive, curative or palliative pharmaceutical products or medical technologies  used to treat pandemics such as HIV/AIDS, tuberculosis and malaria or the most  common opportunistic infections that accompany them, as well as extending the  necessary cooperation, wherever possible, especially in times of emergency;   A/RES/58/179  5    (b)  Ensuring that their actions, as members of international organizations,  take due account of the right of everyone to the enjoyment of the highest attainable  standard of physical and mental health and that the application of international  agreements is supportive of public health policies that promote broad access to safe,  effective and affordable preventive, curative or palliative pharmaceutical products  or medical technologies;    11. Welcomes the financial contributions made to date to the Global Fund to  Fight AIDS, Tuberculosis and Malaria, urges that further contributions be made to  sustain the Fund, and calls upon all States to encourage the private sector to  contribute to the Fund as a matter of urgency;    12. Calls upon the Joint United Nations Programme on HIV/AIDS to  mobilize further resources to combat the HIV/AIDS pandemic and upon all  Governments to take measures to ensure that the necessary resources are made  available to the Programme, in line with the Declaration of Commitment on  HIV/AIDS;    13. Calls upon States to ensure that those at risk of contracting malaria, in  particular pregnant women and children under five years of age, benefit from the  most suitable combination of personal and community protective measures, such as  insecticide treated bed nets and other interventions that are accessible and  affordable, in order to prevent infection and suffering;    14. Also calls upon States to provide the necessary support for the World  Health Organization Roll Back Malaria and Stop Tuberculosis Partnerships in their  ongoing measures to combat malaria and tuberculosis;    15. Calls upon the international community, in particular the developed  countries, to continue to assist developing countries in the fight against pandemics  such as HIV/AIDS, tuberculosis and malaria, through financial and technical  support as well as through the training of personnel;    16. Invites the Committee on Economic, Social and Cultural Rights to give  attention to the issue of access to medication in the context of pandemics such as  HIV/AIDS, tuberculosis and malaria, and invites States to include appropriate  information thereon in the reports they submit to the Committee.