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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...
Autores principales: | , , |
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Formato: | Online Artículo Texto |
Lenguaje: | English |
Publicado: |
Harvard University Press
2022
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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. |
format | Online Article Text |
id | pubmed-9790948 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2022 |
publisher | Harvard University Press |
record_format | MEDLINE/PubMed |
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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