Patents on Drugs: Manufacturing Scarcity or Advancing Health?

2002 ◽  
Vol 30 (4) ◽  
pp. 621-631 ◽  
Author(s):  
Bebe Loff ◽  
Mark Heywood
Keyword(s):  
Human Rights ◽  
Patent Law ◽  
Essential Medicines ◽  
Treatment Access ◽  
Human Right ◽  
Major Barrier ◽  
Right To Health Care ◽  
Aids Epidemic ◽  
High Commissioner ◽  
The Right

Respect for and promotion of the human rights of people with HIV/AIDS is now an entrenched component of the global response to HIV. However, as the global HIV epidemic has turned into a global AIDS epidemic, and as the death toll mounts, one area of human rights—the right to health care—has become fiercely contested. In particular, the degree to which patents on medicines impede what the United Nations High Commissioner for Human Rights has described as the “human right” of access to essential medicines is receiving close scrutiny. The controversy generated by a recent article that argues, “in Africa patents and patent law are not a major barrier to treatment access in and of themselves,” is indicative of the intensity of the debate.

A Right to Health Care

2012 ◽  
Vol 40 (2) ◽  
pp. 268-285 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
Physical And Mental Health ◽  
Human Right ◽  
Economic Rights ◽  
Right To Health Care ◽  
The Right ◽  
International Conventions ◽  
Special Case

Do we have a legal and moral right to health care against others? There are international conventions and institutions that say emphatically yes, and they summarize this in the expression of “the right to health,” which is an established part of the international human rights canon. The International Covenant on Social and Economic Rights outlines this as “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,” but declarations such as this remain tragically unfulfilled. According to recent figures, roughly two billion people lack access to essential drugs or to primary health care. Millions are afflicted by infections and illnesses that are easily avoidable or treatable. In the developing world many children die or grow stunted and damaged for lack of available treatments. Tropical diseases receive little or no attention by the major pharmaceutical companies’ research departments. Is this a massive violation of the right to health? And if so, why does it attract so little attention? Is it because our supposed commitment to human rights and the rule of law is hypocritical and hollow? Or is it because the right to health is a special case of a right, so that these tragedies are no violation at all? Jennifer Prah Ruger summarized this puzzle when she wrote: “one would be hard pressed to find a more controversial or nebulous human right than the right to health.” In this essay I discuss three different theories of a right to health care. I conclude by offering my own reconstruction of one such theory.

scholarly journals PEMBERIAN PATEN OBAT-OBATAN DAN PEMENUHAN HAK ASASI MANUSIA TERHADAP KESEHATAN DI INDONESIA

PRANATA HUKUM ◽  
2019 ◽  
Vol 14 (2) ◽  
pp. 208-221
Author(s):  
Chandra Muliawan
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Legal Protection ◽  
Secondary Data ◽  
Patent Law ◽  
Essential Medicines ◽  
High Price ◽  
Business Interests ◽  
The Government ◽  
The Right

Patent which one part of the IPR, are legal protection for inventor of an invention both process and product in the field of technology that can be applied in industry. Granting of patents in the pharmaceutical field impact on the high price of the medicines, it affects of public to access health right which a part of human rights. Based on it, the government should be protecting business interests (private) coincide with the protection, respect and fulfillment of the interests of public health (public health). The problem approach in this study normatively by using secondary data is used as supporting data. The requirements and procedure for patent applications are found in Article 24 paragraph (1) of the Patent Law including those granted based on the application. Procedures and descriptions of registered patents are also regulated as fulfilling prior priority rights for inventors who register their inventions. Priority rights also apply to foreigners who are members of the Paris Convention provided for in Article 1 number 12 of the Patent Law. Article 36 paragraphs (1) and (2) of the Health Law state that the Government has an obligation to guarantee the availability, equity and affordability of health supplies, especially essential medicines. Medicine is part of the needs of the wider community which is also an obligation of the Government to fulfill the right to health as part of human rights.

scholarly journals Protection of Human Rights in the Context of Fight against Gene Doping

2020 ◽  
pp. 67-77
Author(s):  
A. I. Redkina ◽  
O. A. Shevchenko ◽  
D. I. Vorontsov
Keyword(s):  
Human Rights ◽  
Criminal Liability ◽  
Legal Regulation ◽  
High Tech ◽  
Human Right ◽  
Gene Doping ◽  
Right To Health Care ◽  
Testing Procedures ◽  
Protection Of Human Rights ◽  
The Right

This article examines issues related to the protection of human rights in the context of the fight against the use of gene doping. The fact of using gene therapy in relation to a person already includes a significant range of potential ethical problems, including probable health risks, the degree of awareness of the patient’s consent to perform certain manipulations, as well as the long-term consequences for a person’s life, and, which is equally important, for future generations. At the same time, the problems of the use of gene doping in relation to athletes significantly aggravates and complicates the process of building regulatory approaches. The article notes the particular susceptibility of the athlete's right to health care in the context of the problem of gene doping. The paper studies the features of the implementation and protection of the human right to protect health and the right to privacy, including legislation aspect of biomedicine and bioethics, as well as taking into account the difficulties associated with the identification of the use of gene doping. Conclusions regarding possible areas for improving legal regulation in this area, among which, strengthening or detailing the legal regulation of the provision of high-tech medical care, properly informing athletes, coaches and other sports professionals about the possible risks of applying genetic engineering methods to humans, proper regulation of testing procedures, toughening criminal liability and expansion of the subject matter of such crimes are formulated.

Trade Rules, Intellectual Property, and the Right to Health

2007 ◽  
Vol 21 (3) ◽  
pp. 337-357 ◽  
Author(s):  
Lisa Forman
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Right To Health ◽  
Essential Medicines ◽  
Human Right ◽  
Poor Countries ◽  
Access To Essential Medicines ◽  
The Right ◽  
Human Rights Standards ◽  
The Impact

In perpetuating and exacerbating restricted access to essential medicines, current trade-related intellectual property rules on medicines may violate core human rights to health and medicines. In this light, their impact on the global disease burden raises serious questions about their necessity, and their justification should be critically assessed from the perspective of human rights standards. These standards require that international trade rules on medicines be justified to the fullest extent possible, and permitted only to the extent to which they can be justified. In this article I explore the impact of trade rules on medicines access, and the growing force of the human right to health. I argue that the limited justification for strong patents in poor countries suggests the need for significant reform of trade-related intellectual property rights. I argue further that human rights standards may offer both normative and practical tools for achieving this reform and for challenging trade rules on medicines at various levels.

scholarly journals 從道家的道德視域看人權與生命倫理

2008 ◽  
Vol 6 (2) ◽  
pp. 109-117
Author(s):  
Jonathan CHAN
Keyword(s):  
Human Rights ◽  
International Workshop ◽  
Charles Taylor ◽  
Essential Medicines ◽  
Human Right ◽  
Moral Perspective ◽  
Digital Commons ◽  
Liberal Rights ◽  
Access To Essential Medicines ◽  
The Right

LANGUAGE NOTE | Document text in Chinese; abstract also in English.於 2005 年9 月30 日至10 月2 日期間，在加拿大蒙特利爾(Montréal) 一個討論人權及基本藥物獲取的研討會上，與會者草擬了一份名為〈蒙特利爾獲取基本藥物的人權宣言〉 (以下簡稱〈宣言〉)。該〈宣言〉主要是針對貧窮國家的人民無法獲得基本藥物去治療一些普通的疾病，而備受痛苦煎熬的狀況，並指出“我們有責任去達成一種社會的和國際的秩序，在這種秩序中的人權，包括取得基本藥物的權利，是獲得充分實現的。這項責任必須在制度和政制策劃上確認及體現出來。在個別國家及全球層面上，那些政策、規則和制度必須促使‘取得基本藥物’這一權利得以實現。”本文並不反對為貧國人民爭取合理的待遇，本文所要探討的是〈宣言〉把社會及國際秩序奠基在人權 (包括取得基本藥物的權利) 是否有充分的理論根據這一問題。本文的基本論旨是：人權倘若被理解為一種自由主義式的自然權利，那麼人權就並非人類的共同道德的核心。本文通過泰勒 (Charles Taylor) 稱之為“原子論 ”(Atomism) 的一種社會哲學觀點來說明自由主義式的自然權利的性質，並由此而證成上述論旨。如此一來，〈宣言〉把社會及國際秩序奠基在人權(包括取得基本藥物的權利)是否有充分的理論根據就不無疑問。An international workshop entitled Human Rights and Access to Essential Medicines: The Way Forward was held from September 30 to October 2, 2005 in Montréal, Canada. At the conclusion of the workshop, the participants drafted the Montréal Statement on the Human Right to Essential Medicines, which was reprinted in a paper written by Thomas Pogge. Article 3 of the statement claims that we have a responsibility to achieve a social and international order in which human rights—including the right to essential medicines—are fully realized and that this obligation must be recognized and reflected in the design of institutions and policies. I examine that claim in this essay, and argue that if the concept of rights is understood as liberal rights, then the claim is dubious. Liberal rights imply an individualistic moral perspective that not all moral traditions endorse, including Daoism. This will be shown by analyzing the nature of liberal rights in terms of atomism, the philosophical doctrine that Charles Taylor uses to characterize liberal thought.DOWNLOAD HISTORY | This article has been downloaded 234 times in Digital Commons before migrating into this platform.

The Office of the United Nations High Commissioner for Human Rights

2018 ◽  
Author(s):  
Gillian MacNaughton ◽  
Mariah McGill
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Right To Health ◽  
Social Rights ◽  
Limited Capacity ◽  
United Nations High Commissioner ◽  
Leading Role ◽  
High Commissioner ◽  
The United Nations ◽  
The Right

For over two decades, the Office of the UN High Commissioner for Human Rights (OHCHR) has taken a leading role in promoting human rights globally by building the capacity of people to claim their rights and governments to fulfill their obligations. This chapter examines the extent to which the right to health has evolved in the work of the OHCHR since 1994, drawing on archival records of OHCHR publications and initiatives, as well as interviews with OHCHR staff and external experts on the right to health. Analyzing this history, the chapter then points to factors that have facilitated or inhibited the mainstreaming of the right to health within the OHCHR, including (1) an increasing acceptance of economic and social rights as real human rights, (2) right-to-health champions among the leadership, (3) limited capacity and resources, and (4) challenges in moving beyond conceptualization to implementation of the right to health.

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”

Water for Life

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Urban Areas ◽  
Water Policy ◽  
State Capacity ◽  
National Level ◽  
Human Right ◽  
Political Will ◽  
Water And Sanitation ◽  
The Right

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

scholarly journals Indigenous Education and Human Rights

2007 ◽  
Vol 14 (4) ◽  
pp. 425-453 ◽  
Author(s):  
Noam Schimmel
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Education ◽  
Cultural Continuity ◽  
Human Right ◽  
Language And Culture ◽  
The Social ◽  
Majority Culture ◽  
Educational Programmes ◽  
The Right

AbstractThe right to an education that is consonant with and draws upon the culture and language of indigenous peoples is a human right which is too often overlooked by governments when they develop and implement programmes whose purported goals are to improve the social, economic and political status of these peoples. Educational programmes for indigenous peoples must fully respect and integrate human rights protections, particularly rights to cultural continuity and integrity. Racist attitudes dominate many government development programmes aimed at indigenous peoples. Educational programmes for indigenous peoples are often designed to forcibly assimilate them and destroy the uniqueness of their language, values, culture and relationship with their native lands. Until indigenous peoples are empowered to develop educational programmes for their own communities that reflect and promote their values and culture, their human rights are likely to remain threatened by governments that use education as a political mechanism for coercing indigenous peoples to adapt to a majority culture that does not recognize their rights, and that seeks to destroy their ability to sustain and pass on to future generations their language and culture.

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