David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Law, Medicine and Ethics 40 (2):220-233 (2012)
Although access to medicines is a vital feature of the right to the highest attainable standard of health (“right to health”), almost two billion people lack access to essential medicines, leading to immense avoidable suffering. While the human rights responsibility to provide access to medicines lies mainly with States, pharmaceutical companies also have human rights responsibilities in relation to access to medicines. This article provides an introduction to these responsibilities. It briefly outlines the new UN Guiding Principles on Business and Human Rights and places the human rights responsibilities of pharmaceutical companies in this context. The authors draw from the work of the first UN Special Rapporteur on the right to the highest attainable standard of health, in particular the Human Rights Guidelines for Pharmaceutical Companies in Relation to Access to Medicines that he presented to the UN General Assembly in 2008, and his UN report on GlaxoSmithKline (GSK). While the Guiding Principles on Business and Human Rights are general human rights standards applicable to all business entities, the Human Rights Guidelines for Pharmaceutical Companies consider the specific human rights responsibilities of one sector (pharmaceutical companies) in relation to one area of activity (access to medicines). The article signals the human rights responsibilities of all pharmaceutical companies, with particular attention to patent-holding pharmaceutical companies. Adopting a right-to-health “lens,” the article discusses GSK and accountability. The authors argue that human rights should shape pharmaceutical companies' policies, and provide standards in relation to which pharmaceutical companies could, and should, be held accountable. They conclude that it is now crucial to devise independent, accessible, transparent, and effective mechanisms to monitor pharmaceutical companies and hold them publicly accountable for their human rights responsibilities
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Onyeka K. Osuji & Okechukwu Timothy Umahi (2012). Pharmaceutical Companies and Access to Medicines – Social Integration and Ethical CSR Resolution of a Global Public Choice Problem. Journal of Global Ethics 8 (2-3):139-167.
Joseph Millum (2008). Are Pharmaceutical Patents Protected by Human Rights? Journal of Medical Ethics 34 (11):e25-e25.
Nicole Hassoun (2012). Global Health Impact: A Basis for Labeling and Licensing Campaigns? Developing World Bioethics 12 (3):121-134.
Anand Grover, Brian Citro, Mihir Mankad & Fiona Lander (2012). Pharmaceutical Companies and Global Lack of Access to Medicines: Strengthening Accountability Under the Right to Health. Journal of Law, Medicine and Ethics 40 (2):234-250.
Pepe Lee Chang (2006). Who's in the Business of Saving Lives? Journal of Medicine and Philosophy 31 (5):465 – 482.
Klaus M. Leisinger (2012). Poverty, Disease, and Medicines in Low- and Middle-Income Countries. Business and Professional Ethics Journal 31 (1):135-185.
Matthew Lee & Jillian Kohler (2010). Benchmarking and Transparency: Incentives for the Pharmaceutical Industry's Corporate Social Responsibility. [REVIEW] Journal of Business Ethics 95 (4):641-658.
Karin Buhmann (2012). Damned If You Do, Damned If You Don't? The Lundbeck Case of Pentobarbital, the Guiding Principles on Business and Human Rights, and Competing Human Rights Responsibilities. Journal of Law, Medicine and Ethics 40 (2):206-219.
Klaus M. Leisinger (2009). Corporate Responsibilities for Access to Medicines. Journal of Business Ethics 85 (1):3 - 23.
Stepan Wood (2012). The Case for Leverage-Based Corporate Human Rights Responsibility. Business Ethics Quarterly 22 (1):63-98.
Nina Seppala (2009). Business and the International Human Rights Regime: A Comparison of UN Initiatives. [REVIEW] Journal of Business Ethics 87 (2):401 - 417.
Lutz Preuss & Donna Brown (2012). Business Policies on Human Rights: An Analysis of Their Content and Prevalence Among FTSE 100 Firms. [REVIEW] Journal of Business Ethics 109 (3):289-299.
Michael Gorman (2005). Intellectual Property Rights, Moral Imagination, and Access to Life-Enhancing Drugs. Business Ethics Quarterly 15 (4):595-613.
John Deigh (1988). On Rights and Responsibilities. Law and Philosophy 7 (2):147 - 178.
Remy Miller (2010). Establishing a “Duty of Care” for Pharmaceutical Companies. Hastings Center Report 40 (6):18-20.
Added to index2012-07-13
Total downloads12 ( #151,141 of 1,692,984 )
Recent downloads (6 months)2 ( #114,250 of 1,692,984 )
How can I increase my downloads?