"I am concerned that the US-Peru free trade negotiations could lead to the World Trade Organization (WTO)," the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Paul Hunt, said. "Higher protection of patents could restrict Governments from taking action to protect the right to health in the future," he added in a statement, calling for an express safeguard in any FTA recognizing the right and duty of countries to protect human life and health.

"A year ago, I indicated my deep concern that the US-Peru trade agreement would water down internationally agreed health standards, leading to higher prices for essential drugs that millions of Peruvians would find unaffordable. I continue being concerned today as negotiations on key issues draw to a close."

Mr. Hunt warned the Peruvian Government of the effects of the FTA on the right to health, in particular through introduction of patent protection stronger than required under WTO rules, and said it should ensure that it can introduce complementary measures to protect the poor from bearing the costs of the FTA.

Over 50 per cent of Peruvians live in poverty, while almost 25 per cent live in extreme poverty, and Mr. Hunt noted that a Peruvian Health Ministry study on the potential effects of the FTA on access to medicines showed that between 700,000 to 900,000 people would be excluded without a ministry budget increase or a rise in household income for the poor.

The UN World Health Organization recently noted that while patents are not the only barriers to access to life-saving medicines, they can play a significant, or even dominant, role since they grant the patent holder a monopoly on a medicine for a number of years.

"Any standards introduced under the FTA on intellectual property protection - and patents more specifically - should include an express safeguard recognizing the right and duty of countries to protect human life and health," Mr. Hunt said.