David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Law, Medicine and Ethics 38 (3):520-549 (2010)
“Access to medicines” is a broad concept. After a review of three authoritative frameworks that help to identify its constitutive components, this essay summarizes the actual situation on the ground in low- and middle-income countries on the basis of recent empirical work. An analysis of survey data from 36 countries concluded that developing countries should promote generic medicines as a key policy option for improving access to medicines. Taking an international perspective to that recommendation, this essay reviews the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and, particularly, how this agreement has been applied in practice. As shown by the experience of Thailand, Brazil, and the Philippines, in order to deal effectively with international pressures for an excessive application of the TRIPS Agreement, some sort of conversion experience appears to be required, which then leads to a switch from a private enterprise, supply-driven approach to a public health vision that insists on universal and affordable access. But moral conviction is not sufficient. In order to muster and sustain the political will to face down international forces, civil society and government offices must be able and ready to show the costs and other adverse consequences of the TRIPS-based model for medicines. This calculation needs to reach beyond the health sector and calls for new alliances, nationally as well as internationally
|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
Daniel Callahan (2006). Medicine and the Market: Equity V. Choice. Johns Hopkins University Press.
Norman Daniels (2008). Just Health: Meeting Health Needs Fairly. Cambridge University Press.
Martha Nussbaum (2001). Women and Human Development: The Capabilities Approach. Cambridge University Press.
Citations of this work BETA
Ruth Bell, Sebastian Taylor & Michael Marmot (2010). Global Health Governance: Commission on Social Determinants of Health and the Imperative for Change. Journal of Law, Medicine and Ethics 38 (3):470-485.
Similar books and articles
N. Craig Smith & Anne Duncan (2005). GlaxoSmithKline and Access to Essential Medicines (B). Journal of Business Ethics Education 2 (1):123-132.
Devi Sridhar (2008). Improving Access to Essential Medicines: How Health Concerns Can Be Prioritised in the Global Governance System. Public Health Ethics 1 (2):83-88.
Klaus M. Leisinger (2012). Poverty, Disease, and Medicines in Low- and Middle-Income Countries. Business and Professional Ethics Journal 31 (1):135-185.
Klaus M. Leisinger (2009). Corporate Responsibilities for Access to Medicines. Journal of Business Ethics 85 (1):3 - 23.
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.
Joo-Young Lee & Paul Hunt (2012). Human Rights Responsibilities of Pharmaceutical Companies in Relation to Access to Medicines. Journal of Law, Medicine and Ethics 40 (2):220-233.
Mônica Steffen Guise Rosina & Lea Shaver (2012). Why Are Generic Drugs Being Held Up in Transit? Intellectual Property Rights, International Trade, and the Right to Health in Brazil and Beyond. Journal of Law, Medicine and Ethics 40 (2):197-205.
Nicole Hassoun (2012). Global Health Impact: A Basis for Labeling and Licensing Campaigns? Developing World Bioethics 12 (3):121-134.
Meri Koivusalo (2010). Common Health Policy Interests and the Shaping of Global Pharmaceutical Policies. Ethics and International Affairs 24 (4):395-414.
N. Craig Smith & Anne Duncan (2005). GlaxoSmithKline and Developing Country Access to Essential Medicines (A). Journal of Business Ethics Education 2 (1):97-121.
G. Collste (2011). Specifying Rights: The Case of TRIPS. Public Health Ethics 4 (1):63-69.
Matthew Rimmer (2008). Race Against Time: The Export of Essential Medicines to Rwanda. Public Health Ethics 1 (2):89-103.
Michael Ravvin (2008). Incentivizing Access and Innovation for Essential Medicines: A Survey of the Problem and Proposed Solutions. Public Health Ethics 1 (2):110-123.
Added to index2010-09-30
Total downloads19 ( #101,121 of 1,410,448 )
Recent downloads (6 months)1 ( #177,872 of 1,410,448 )
How can I increase my downloads?