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An Inquiry into State Agreement and Practice on the International Law Status of the Human Right to Medicines

Global disparities in access to COVID-19 vaccines have brought back into focus questions about whether the right to medicines has assumed any level of binding legality within international law. In this paper, we attempt to answer this question by considering if there is evidence of subsequent state...

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Autores principales: Forman, Lisa, Al-Alami, Basema, Fajber, Kaitlin
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Harvard University Press 2022
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9790948/
https://www.ncbi.nlm.nih.gov/pubmed/36579305
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author Forman, Lisa
Al-Alami, Basema
Fajber, Kaitlin
author_facet Forman, Lisa
Al-Alami, Basema
Fajber, Kaitlin
author_sort Forman, Lisa
collection PubMed
description Global disparities in access to COVID-19 vaccines have brought back into focus questions about whether the right to medicines has assumed any level of binding legality within international law. In this paper, we attempt to answer this question by considering if there is evidence of subsequent state agreement and practice to read the right to medicines into the rights to health and science protected in the International Covenant on Economic, Social and Cultural Rights. We adopt the interpretive framework in the Vienna Convention on the Law of Treaties and the International Law Commission’s 2018 report to analyze the work of the United Nations Committee on Economic, Social, and Cultural Rights relevant to medicines, and its relationship to the content and voting in successive resolutions of the United Nations General Assembly. We find that these resolutions provide some evidence of state agreement that the rights to health and science, as enshrined in the International Covenant on Economic, Social and Cultural Rights, include access to affordable medicines. Yet the legal implications of this right remain highly contested, particularly when it comes to trade-related intellectual property rights. The negotiation of a pandemic treaty offers possibilities for codifying this right beyond these discursive instances, while political opposition remains likely to continue to undercut this emerging legal norm.
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spelling pubmed-97909482022-12-27 An Inquiry into State Agreement and Practice on the International Law Status of the Human Right to Medicines Forman, Lisa Al-Alami, Basema Fajber, Kaitlin Health Hum Rights Research-Article Global disparities in access to COVID-19 vaccines have brought back into focus questions about whether the right to medicines has assumed any level of binding legality within international law. In this paper, we attempt to answer this question by considering if there is evidence of subsequent state agreement and practice to read the right to medicines into the rights to health and science protected in the International Covenant on Economic, Social and Cultural Rights. We adopt the interpretive framework in the Vienna Convention on the Law of Treaties and the International Law Commission’s 2018 report to analyze the work of the United Nations Committee on Economic, Social, and Cultural Rights relevant to medicines, and its relationship to the content and voting in successive resolutions of the United Nations General Assembly. We find that these resolutions provide some evidence of state agreement that the rights to health and science, as enshrined in the International Covenant on Economic, Social and Cultural Rights, include access to affordable medicines. Yet the legal implications of this right remain highly contested, particularly when it comes to trade-related intellectual property rights. The negotiation of a pandemic treaty offers possibilities for codifying this right beyond these discursive instances, while political opposition remains likely to continue to undercut this emerging legal norm. Harvard University Press 2022-12 /pmc/articles/PMC9790948/ /pubmed/36579305 Text en Copyright © 2022 Forman, Al-Alami, and Fajber. https://creativecommons.org/licenses/by-nc/4.0/This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/4.0/ (https://creativecommons.org/licenses/by-nc/4.0/) ), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original authors and source are credited.
spellingShingle Research-Article
Forman, Lisa
Al-Alami, Basema
Fajber, Kaitlin
An Inquiry into State Agreement and Practice on the International Law Status of the Human Right to Medicines
title An Inquiry into State Agreement and Practice on the International Law Status of the Human Right to Medicines
title_full An Inquiry into State Agreement and Practice on the International Law Status of the Human Right to Medicines
title_fullStr An Inquiry into State Agreement and Practice on the International Law Status of the Human Right to Medicines
title_full_unstemmed An Inquiry into State Agreement and Practice on the International Law Status of the Human Right to Medicines
title_short An Inquiry into State Agreement and Practice on the International Law Status of the Human Right to Medicines
title_sort inquiry into state agreement and practice on the international law status of the human right to medicines
topic Research-Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9790948/
https://www.ncbi.nlm.nih.gov/pubmed/36579305
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