A triumph for generic medicines and the right to health in Africa Patricia Asero Ochieng & Ors. v. Attorney General (Petition No. 409 of 2009, Judgment of the Kenyan High Court, 20 April 2012)

2013 ◽  
Vol 10 (3-4) ◽  
pp. 246-248 ◽  
Author(s):  
Emmanuel K Oke
Keyword(s):  
Attorney General ◽  
Right To Health ◽  
Generic Medicines ◽  
High Court ◽  
The Right

Rethinking Patricia Asero Ochieng and Two Others v. The Attorney General and another

2021 ◽  
Vol 1 (1) ◽  
pp. 115-130
Author(s):  
Joseph Omolo
Keyword(s):  
Intellectual Property Rights ◽  
Attorney General ◽  
Case Review ◽  
Right To Life ◽  
Counterfeit Drugs ◽  
Industrial Property ◽  
High Court ◽  
Legal Principles ◽  
The Right ◽  
Limit Access

In 2012, the High Court of Kenya at Nairobi declared Section 2 of the Anti-Counterfeit Act (ACA) unconstitutional because its enforcement would limit access to affordable and essential drugs and medicines and thereby undermine the right to life, human dignity and health as guaranteed under the Constitution of Kenya. This case review revisits this important judgement by Justice Mumbi Ngugi with the aim of analysing it for legal soundness. Further, this review discusses the likely impact of the judgement on the fight against counterfeit drugs and access to drugs in Kenya. On the other hand, there will be a comparison between Kenyan legal system and some foreign laws. The review argues that the judge applied the wrong legal principles in making her determination, arriving at a legally flawed conclusion, thereby nullifying the balance between the rights of intellectual property rights owners and users as established under the Industrial Property Act.

scholarly journals The Majestic Equality of Disenfranchisement: Assessing the Right to Freedom from Discrimination in Light of the Ngaranoa Litigation

2020 ◽  
Vol 51 (1) ◽  
pp. 27
Author(s):  
Charlie Cox
Keyword(s):  
New Zealand ◽  
Moral Judgment ◽  
Political Theory ◽  
Common Sense ◽  
Attorney General ◽  
Moral Judgments ◽  
Ministry Of Health ◽  
High Court ◽  
The Right ◽  
Court Of Appeal

The right to freedom from discrimination in New Zealand is underpinned by equality, one of the most influential, yet amorphous principles in political theory. This article argues that the failure of New Zealand courts to articulate the norms behind the anti-discrimination guarantee enables arbitrary and inconsistent reasoning. The decisions of the High Court in Taylor v Attorney-General and the Court of Appeal in Ngaronoa v Attorney-General thus reflect a wrong turn in New Zealand discrimination law, taken in the case of Ministry of Health v Atkinson. Because discrimination law necessitates moral judgment, this article argues that the courts have been wrong to treat discrimination law as a largely amoral enterprise. Seen in this context, it should be unsurprising that the decisions of Taylor v Attorney-General and Ngaronoa v Attorney-General appear to mask moral judgments behind a façade of empiricism and common sense, and reveal different conceptions of equality.

scholarly journals Failing the System? Enfocing the Right to Education in New Zealand

2004 ◽  
Vol 35 (3) ◽  
pp. 735 ◽  
Author(s):  
E J Ryan
Keyword(s):  
New Zealand ◽  
Attorney General ◽  
Right To Education ◽  
London Borough ◽  
High Court ◽  
House Of Lords ◽  
Borough Council ◽  
The Right ◽  
Court Of Appeal ◽  
Domestic Level

At both the international and domestic level, the existence of a right to education is given widespread support. But what are the content and consequences of this right? The meaning of the right to education was examined recently in the context of special education by the High Court and Court of Appeal in Daniels v Attorney-General. The High Court saw the right as a substantive one; the Court of Appeal viewed it in procedural terms. These different conceptions of the right affected the remedies available to the plaintiffs. This article assesses the competing understandings of the education right in NZ, and concludes, particularly in light of the House of Lords' decision in Phelps v Hillingdon London Borough Council, that the High Court's approach is to be preferred.

scholarly journals Prisoners’ right to vote in Uganda: Comment on Kalali Steven v Attorney General and the Electoral Commission

2020 ◽  
Vol 19 (2) ◽  
pp. 18-32
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Attorney General ◽  
High Court ◽  
Article 59 ◽  
Right To Vote ◽  
The Right

Article 59 of the Constitution of Uganda (1995) provides for the right to vote. Although the Constitution does not prohibit prisoners from voting, the Uganda Electoral Commission has never made arrangements for prisoners to vote. On 17 June 2020, in the case of Kalali Steven v Attorney General and the Electoral Commission, the Ugandan High Court held that prisoners and Ugandans in the diaspora have a right to vote and that the Electoral Commission should put in place arrangements for them to vote. Uganda will have elections in 2021. The purpose of this article is to suggest practical ways in which the Electoral Commission can comply with the High Court judgement. It is argued, inter alia, that there is no need for legislation to be enacted or amended to give effect to the High Court judgment.

Some Comments on the Highest Attainable Standard of Health

2020 ◽  
Vol 26 (2) ◽  
pp. 134-140
Author(s):  
Gabriela Belova ◽  
Stanislav Pavlov
Keyword(s):  
Health Resources ◽  
Right To Health ◽  
International Standards ◽  
Special Rapporteur ◽  
Health It ◽  
Significant Development ◽  
Cultural Rights ◽  
Optional Protocol ◽  
The Social ◽  
The Right

AbstractThe last decades present a significant development of the economic, social and cultural rights and specifically, the right to health. Until 2000, the right to health has not been interpreted officially. By providing international standards, General Comment No.14 on the right to the Highest Attainable Standard of Health has led to wider agreement that the right to health includes the social determinants of health such as access to various conditions, services, goods or facilities that are crucial for its implementation. The Reports of the Special Rapporteur on the right to health within the UN human rights system have contributed to the process of gaining the greater clarity about the right to health. It is obvious that achieving the highest attainable level of health depends on the principle of progressive implementation and the availability of the necessary health resources. The possibility individual complaints to be considered by the Committee on Economic Social and Cultural Rights was introduced with the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, entered into force in 2013.

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.

Sign in / Sign up

Export Citation Format

Share Document