scholarly journals Analysing the interplay between the right to health and pharmaceutical patent rights in the introduction of a COVID-19 vaccine into the Philippines

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mario C. Cerilles Jr ◽  
Harry Gwynn Omar M. Fernan
Keyword(s):  
Right To Health ◽  
The Philippines ◽  
Effective Vaccine ◽  
Content Type ◽  
Patent Rights ◽  
Patent Laws ◽  
Pharmaceutical Patent ◽  
Philippine Government ◽  
The Right ◽  
Gain Access

Purpose The COVID-19 pandemic has devastated economies and public health systems across the globe, increasing the anticipation for the creation of an effective vaccine. With this comes the reinforcement of debates between the right to health and pharmaceutical patent rights. The purpose of this study is to illustrate how the Philippines could attempt to balance the right to health with pharmaceutical patent rights in the introduction of a potential COVID-19 vaccine into the country. Design/methodology/approach This will be accomplished through an examination of the flexibilities allowed by international agreements and domestic patent laws. Findings With the economic and health challenges brought about by the COVID-19 pandemic, the Philippine Government will have a strong justification to pursue parallel importation and compulsory licencing under the Agreement on Trade-Related Aspects of Intellectual Property Rights. This is exacerbated by the bold leadership of President Duterte, whose administration has so far shown a propensity to decide in favor of the right to health at the expense of other rights in dealing with the pandemic. Originality/value While this paper focuses on the Philippines, it has a potential application in the least developed and developing countries which aim to gain access to a prospective COVID-19 vaccine. Moreover, while this study discusses the harmonization of laws on the right to health and patent laws as a solution to the COVID-19 pandemic and the lack of access to vaccines, it also calls for solutions that go beyond the application of the law.

Articulating key obligations of states to persons deprived of liberty under a right to health framework: the Philippine case study

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lee Edson P. Yarcia ◽  
Jan Michael Alexandre C. Bernadas
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Right To Health ◽  
The Philippines ◽  
The State ◽  
Policy Reforms ◽  
Physical And Mental Health ◽  
Content Type ◽  
The Right

Purpose This paper aims to examine key obligations of states to persons deprived of liberty (PDLs) under the right to health framework in the context of COVID-19. As a case study, it also describes the state of health in places of detention in the Philippines during the pandemic, with an end view of providing granular recommendations for prison policy reforms. Design/methodology/approach Relevant rules under international human rights law related to places of detention were thematically analyzed to articulate the scope of the right to health of PDLs. To describe the state of places of detention in the Philippines, this paper relied on archival research of news from selected local mainstream and specialized media. Findings The right to health framework provides a foundation for the response to COVID-19 in places of detention. Key concerns include increase in the number of infections, vulnerabilities in physical and mental health, and the spread of infection among correctional staff. Long-standing structural constraints and limited health information compound the threat of COVID-19. The Philippines must comply with its human rights obligations to PDLs to effectively address COVID-19-related concerns. Practical implications Policy reforms in Philippine places of detention must include application of community standards on physical and mental health, implementation of emergency release and application of non-custodial measures for long-term prison decongestion. Originality/value This is one of the few papers to analyze human rights in health care in places of detention during a pandemic, as nuanced in the context of the Philippines.

Post-Manila US pivot may be coming to South-east Asia

2016 ◽  
Keyword(s):  
United States ◽  
Human Rights ◽  
East Asian ◽  
The United States ◽  
The Philippines ◽  
South East Asia ◽  
Content Type ◽  
Human Rights Abuses ◽  
Security Issues ◽  
Philippine Government

Significance US policymakers feel there is sufficient support for the United States elsewhere in the Philippine government and population to erode Duterte's threats to unravel the alliance. Nonetheless, Washington is considering alternative South-east Asian partners. Impacts Japan's role as an interlocutor between Manila and Washington on security issues could grow. Duterte might meet outgoing President Barack Obama in Peru at the November 19-20 APEC meeting. However, should this occur, it is unlikely to improve Philippine-US ties much if at all. Rumours of human rights abuses in the Philippines will anger US members of Congress, further deteriorating ties.

From displacement to resettlement: how current policies shape eviction narratives among urban poor in the Philippines

2020 ◽  
Vol 23 (2) ◽  
pp. 49-63
Author(s):  
Zaldy C. Collado ◽  
Noella May-i G. Orozco
Keyword(s):  
Urban Poor ◽  
Design Methodology ◽  
Qualitative Data ◽  
The Philippines ◽  
San Jose ◽  
Group Discussions ◽  
Content Type ◽  
Philippine Government ◽  
Involuntary Displacement ◽  
Cost Of Transportation

Purpose This study aims to examine the experiences of urban poor relocatees in their resettlement communities, specifically those who were relocated from the Caloocan, Malabon, Navotas, Valenzuela and Quezon City areas to the province of Bulacan, Philippines. This study hopes to convey the importance of revisiting the law on socialized housing in the Philippines. Design/methodology/approach This study gathered qualitative data through 2 focus group discussions among 28 participants who came from 3 resettlement sites in San Jose del Monte City, Bulacan Province, Philippines. The resettlement areas are owned and managed by the National Housing Authority of the Philippine Government. Findings Results show that resettlement experiences are stories of survival under impoverished conditions. Lack of housing facilities or poorly built units characterize their relocation experience aside from having no immediate access to basic utilities such as electricity and water, despite a law that supposedly secures these rights to relocatees. The expensive cost of transportation and the lack of livelihood also heavily strain the lives of the relocated population. Originality/value This study illustrates that involuntary displacement predicts poor living conditions upon resettlement. This study is an inquiry not only of existing conditions of socialized housing in resettlement areas but also past realities of these housing communities at the onset of the displacees’ relocation.

scholarly journals Coping with prisons? COVID-19 and the functioning of the Polish prison system

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Maria Niełaczna
Keyword(s):  
Design Methodology ◽  
Right To Health ◽  
Prison System ◽  
Personal Safety ◽  
Content Type ◽  
The Public ◽  
Low Incidence ◽  
The Right ◽  
Central Board ◽  
Practical Implications

Purpose This paper aims to explain the phenomenon of low incidence of COVID-19 in Polish prisons. This paper addresses three questions: was the Polish prison system ready to respond to the threats posed by COVID-19; what action has it taken in this regard; and with what effect? Design/methodology/approach An analysis of the current condition of the Polish prison system was undertaken focusing on items that were the focus of prisoners’ complaints, the interventions of the Ombudsman and the bulletins of the Central Board of the Prison Service. This analysis has been juxtaposed with the opinions of experts in epidemiology and medicine and changes introduced in the law relating to prisoners. Findings During the COVID-19 epidemic – despite serious chronic problems in the Polish penitentiary system – the statistics indicated that 24 individuals were infected and no deaths occurred. When compared to the statistics of non-prison cases, this result is extremely low. Research limitations/implications Given the newness of the problem, the conflicts of different interests, the “double” isolation of prisons (penal and epidemiological) and the reluctance of the prison administration to provide information about what is happening behind prison walls, researchers must rely on statistics and subjective contacts with prisoners, for example, by investigating their complaints. Practical implications As a result of the research, the author believes that the transparency of institutions such as prisons should be ensured, primarily expressed in the provision of information to both prisoners and the public relating to methods adopted to prevent epidemics in the context of prison and prisoners. Originality/value The value of this paper is to show how prisons have managed in a new, exceptional situation to balance the right to health and personal safety of prisoners and warders, with the right to contact with the outside world and humane living conditions in a closed and doubly isolated space. The findings presented will add value to the knowledge and effectiveness of the prison administration’s reaction and response to an emergency such as an epidemic.

Treading the straight and righteous path: curbing corruption in the Philippines

2015 ◽  
Vol 4 (1) ◽  
pp. 51-75 ◽  
Author(s):  
Eric Vincent C. Batalla
Keyword(s):  
The Philippines ◽  
Effective Control ◽  
Public Officials ◽  
Government Officials ◽  
Policy Makers ◽  
Content Type ◽  
State Institutions ◽  
High Profile ◽  
Philippine Government ◽  
Control Of Corruption

Purpose – The purpose of this paper is to examine the anti-corruption performance of the Philippine government, particularly under the leadership of President Benigno Aquino III. Design/methodology/approach – The paper evaluates the anti-corruption measures as represented by pertinent laws as well as anti-corruption agencies (ACAs) under the Aquino administration. Findings – The Aquino government has exercised remarkable political will in acting on high-profile cases involving former government officials, including former President Gloria Macapagal-Arroyo. However, the government’s overall anti-corruption performance is hampered by outdated and conflicting laws, lack of compliance with anti-corruption laws and regulations by public officials and employees, poor ACA operational capacities, judicial inefficiency, deficient organizational systems and change-resistant government agencies, and selective and partial enforcement of anti-corruption laws. These problems are characteristic of Philippine political administrations and are arguably rooted in a system long characterized by fragile state institutions, strong oligarchic control, and weak citizenship. Originality/value – The paper is intended to update scholars, policy makers, and anti-corruption practitioners interested in corruption, ACA performance, and political reform in the Philippines. It discusses corruption-related problems of public administration within the purview of political economy. Based on this perspective, it argues that the key to effective control of corruption is a change in the political system’s configuration rather than the mere change in leadership.

scholarly journals Responding to the rising power “threat”

2015 ◽  
Vol 11 (3/4) ◽  
pp. 285-300 ◽  
Author(s):  
Rory Horner
Keyword(s):  
South Africa ◽  
Emerging Economies ◽  
Multinational Enterprises ◽  
Institutional Environment ◽  
Patent Law ◽  
Content Type ◽  
Civil Society Organisations ◽  
Patent Laws ◽  
Pharmaceutical Patent ◽  
Rising Power

Purpose – This paper aims to explore how established multinational enterprises (MNEs) have responded to the perceived threat from rising power firms by seeking to alter the intellectual property institutional environment in key emerging economies. Design/methodology/approach – The key place of emerging economies in the efforts of established MNEs to seek patent law change is discussed. Two case studies review developments related to pharmaceutical patents in India and South Africa, highlighting the influence of MNEs in driving policy change and the contested nature of their actions. Findings – While India and South Africa both present evidence of MNEs seeking to influence pharmaceutical patent laws, distinct differences emerge. In India, most MNE pressure has been in response to the emergence of an active domestic industry and a patent law oriented towards generic entry, while the MNE priority in South African has been geared towards maintaining MNE dominance and a system which leads to generous granting of patents. Practical implications – Managers and decision-makers seeking to invest in emerging economies must take account of a plethora of institutions present, which may be better suited towards local industrial and consumer interests and may prompt resistance to any established MNE-led attempt at institutional change. Originality/value – The article offers a comparative perspective on pharmaceutical patent laws in India and South Africa, which have been subject to significant contestation by policymakers, civil society organisations and both rising power and established MNEs. The comparison explores and questions the increasingly widespread “institutional void” thesis in international business.

Bridging human rights and social determinants of health: Argentina, Chile, Paraguay, and Uruguay

2019 ◽  
Vol 13 (1) ◽  
pp. 3-17
Author(s):  
Juan Smart ◽  
Alejandra Letelier
Keyword(s):  
Human Rights ◽  
Health Status ◽  
Social Determinants Of Health ◽  
Social Determinants ◽  
Right To Health ◽  
Determinants Of Health ◽  
Human Right ◽  
Content Type ◽  
Health And Human Rights ◽  
The Right

Purpose The purpose of this paper is to do a systematic assessment and testing of identified human rights norms alongside social determinant approaches in relation to identified health issues of concern in four Latin American countries (Argentina, Chile, Paraguay and Uruguay) to show how social determinants and human rights frameworks improve population health. Design/methodology/approach To do so, in the first part the authors analyze the inequalities both between and within each of the selected countries in terms of health status and health determinants of the population. Then, in the second section, the authors analyze the level of recognition, institutionalisation and accountability of the right to health in each country. Findings From the data used in this paper it is possible to conclude that the four analysed countries have improved their results in terms of health status, health care and health behaviours. This improvement coincides with the recognition, institutionalisation and creation of accountability mechanisms of human rights principles and standards in terms of health and that a human rights approach to health and its relation with other social determinants have extended universal health coverage and health systems in the four analysed countries. Originality/value Despite of the importance of the relation between human rights and social determinants of health, there are few human right scholars working on the issues of social determinants of health and human rights. Most of the literature of health and human rights has been focussed specific relations between specific rights and the right to health, but less human right scholar working on social determinants of health. On the other hand, just a few epidemiologists and people working on social medicine have actually started to use a universal human rights frame and discourse. In fact, according to Vnkatapuram, Bell and Marmot: “while health and human rights advocates have from the start taken a global perspective, social medicine and social epidemiology have been slower to catch up”.

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