SEXUAL HEALTH AND HUMAN RIGHTS A legal and ... - The ICHRP

among those in the reproductive age and promoting voluntary counseling &
testing for HIV in women in this age group. In addition there is a need to prevent
unplanned pregnancies among HIV infected women through sexual/reproductive
health services and to provide antiretroviral therapy and other standard care
practices for HIV infected pregnant women to prevent mother to child
transmission.”
Clause 3.11 of the policy refers to “Addressing human right issues”. It states that the
government recognizes that “people living with HIV/AIDS are entitled to enjoyment of their
fundamental human rights and freedom without any unjustified restrictions. These include the
rights of everyone to life, liberty and security of person: freedom from inhuman or degrading
treatment or punishment; equality before the law, absence of discrimination; freedom from
arbitrary interference with privacy or family life, freedom of movement, the right to work
(rights of people living with HIV in the workplace) and to a standard of living adequate for
health and well-being including housing, food and clothing; the right to highest attainable
standard of physical and mental health; the right to education, the right to information which
includes the right to knowledge about HIV/AIDS/STIs related issues and safer sexual
practices, the right to participate in the cultural life of the community and to share in
scientific advancement and its benefits.”
Access to HIV treatment and intellectual property law: Some countries have also used
provisions of their intellectual property laws to increase access to treatment related to HIV.
Among the research countries, Indonesia was the first to do this and in 2004, the
Government of Indonesia issued a compulsory licence for the import of nevirapine and
lamivudine used as part of first line treatment for HIV. The compulsory licence states that it
was issued “in line with the urgent need in the effort to control HIV/AIDS epidemic in
Indonesia…to provide access to Anti Retroviral Drugs that are still protected under
Patent.” 701
In 2006 and 2007, Thailand’s Ministry of Public Health issued compulsory licences for the
anti-retrovirals efavirenz 702 and lopinavir/ritonavir. 703 According to the compulsory licence
for efavirnez,:
“It is generally accepted that HIV (AIDS) epidemic is one of the most grievous
public health problems. Approximately, more than one million Thai people have
been afflicted with the HIV. More than five hundred thousand of this number are
still alive and eventually need long term uses of HIV antiretroviral drug to
maintain their productive lives. The budget allocated for health services of the
people who have been infected with HIV as well as AIDS patients under the
701 Decree of the President Republic of Indonesia, Number 83 Year 2004 Regarding Exploitation of Patent by
the Government on Anti Retroviral Drugs, unofficial translation available at
http://lists.essential.org/pipermail/ip-health/2004-december/007233.html
702 Notification of the Department of Disease Control, Ministry of Public Health, Re: Exercising of Right under
Drugs and Pharmaceuticals Products Patent, 29 November B.E. 2549 (2006) published in ‘Facts and Evidences
on the 10 Burning Issues Related to the Government Use of Patents on Three Patented Essential Drugs in
Thailand,’ Ministry of Public Health and National Health Security Office, Thailand, February 2007.
703 Notification of the Department of Disease Control, Ministry of Public Health, Re: Exercising of Right under
Drugs and Pharmaceuticals Products Patent For Combined Formulation of Lopinavir and Ritonavir, 24 January
B.E. 2550 (2007), Unofficial Translation, published in ‘Facts and Evidences on the 10 Burning Issues Related
to the Government Use of Patents on Three Patented Essential Drugs in Thailand,’ Ministry of Public Health
and National Health Security Office, Thailand, February 2007.
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