Human rights and human needs: Diverse moral principles justifying third world access to affordable hiv/aids drugs
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This article demonstrates two propositions. First, that moral discourse has played an important role on the transformation of international trade law. In the case of the initial linkage of intellectual property and international trade prior to the founding of the WTO, moral discourse played a complementary role to overwhelming economic pressures. Introducing such language as "stealing" and "piracy" into the IP debate enabled the pharmaceutical industry to change the global perception of the moral and economic status of IP and thereby contributed to the enactment of the TRIPS Agreement. In the case of the Doha Declaration, however, moral discourse played an even more crucial role. Through powerful articulation of cogent moral arguments, relatively weak third world countries and AIDS activists were able to obtain important concessions on relaxing patents in times of national emergencies and on parallel importing issues. A second objective of this paper is to demonstrate that appeal to human rights is not the exclusive form of moral discourse that can lead to the view that poor citizens of third world countries should have affordable access to AIDS/HIV drugs. While there is great moral power to human rights discourse, there is also great power in other forms of discourse, e.g. utilitarian principles such as the theory of rescue and even the philosophically controversial notion of supererogatory duties. The article carefully parses the moral language of activists and NGOs in the successful effort to bring about the Doha Declaration. This analysis demonstrates that an appeal to human rights is not the only way to inspire decisive action and achieve human betterment.
|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
David Barnard (2002). In the High Court of South Africa, Case No. 4138/98: The Global Politics of Access to Low-Cost AIDS Drugs in Poor Countries. [REVIEW] Kennedy Institute of Ethics Journal 12 (2):159-174.
Manuel Toscano (2011). Human Dignity as High Moral Status. Les Ateliers de l'Éthique / the Ethics Forum 6 (2):4-25.
John Mahoney (2007). The Challenge of Human Rights: Origin, Development, and Significance. Blackwell Pub..
Tom Campbell, Jeffrey Goldsworthy & Adrienne Stone (eds.) (2003). Protecting Human Rights: Instruments and Institutions. OUP Oxford.
Patrick Hayden (1999). Sentimentality and Human Rights. Philosophy in the Contemporary World 6 (3/4):59-66.
Chenyang Li (2007). International Human Rights Discourse as Moral Persuasion. The Proceedings of the Twenty-First World Congress of Philosophy 3:79-83.
James Turner Johnson (1998). Human Rights and Violence in Contemporary Context. Journal of Religious Ethics 26 (2):319 - 328.
Joseph Wronka (1994). Human Rights and Social Policy in the United States: An Educational Agenda for the 21st Century. Journal of Moral Education 23 (3):261-272.
Added to index2009-06-12
Total downloads7 ( #149,815 of 1,089,063 )
Recent downloads (6 months)1 ( #69,801 of 1,089,063 )
How can I increase my downloads?