Pharmaceutical Companies and Global Lack of Access to Medicines: Strengthening Accountability under the Right to Health

Approximately two billion people lack access to medicines globally. People living with HIV, cancer patients, those suffering from tuberculosis or malaria, and other populations in desperate need of life-saving medicines are increasingly unable to access existing preventative, curative, and life-prolonging treatments. In many cases, treatment may be unavailable or inaccessible for even some of the most common and readily treatable health concerns, such as hypertension. In the developing world, many of the factors that contribute to making the world’s most vulnerable and marginalized populations particularly susceptible to illness also operate to restrict their access to medicines. As a result of dramatic economic inequities and widespread poverty, it is not profitable for most originator pharmaceutical companies to develop new medicines for sale in developing markets or to lower the cost of existing drugs so that they are affordable for the majority of these populations.

[1]  M. Pentikäinen Changing International ‘Subjectivity’ and Rights and Obligations Under International Law – Status of Corporations , 2012 .

[2]  Thomas Pogge,et al.  Introduction: Access to essential medicines: public health and international law , 2010 .

[3]  Sean Flynn,et al.  An Economic Justification for Open Access to Essential Medicine Patents in Developing Countries , 2009, The Journal of law, medicine & ethics : a journal of the American Society of Law, Medicine & Ethics.

[4]  Manisuli Ssenyonjo The Applicability of International Human Rights Law to Non-State Actors: What Relevance to Economic, Social and Cultural Rights? , 2008 .

[5]  Deirdre O’Neill,et al.  The Role of Business , 2008 .

[6]  Recensione Human Rights Obligations of Non-State Actors, Oxford et al., Oxford University Press, 2006, 648 pp , 2007 .

[7]  Elsa Stamatopoulou,et al.  The Maastricht Guidelines on Violations of Economic, Social and Cultural Rights , 2007 .

[8]  A. Clapham Human Rights Obligations of Non-State Actors , 2006 .

[9]  David S. Weissbrodt,et al.  Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights , 2003, American Journal of International Law.

[10]  Stephen J. Frenkel,et al.  Compliance, Collaboration, and Codes of Labor Practice: The ADIDAS Connection , 2002 .

[11]  J. Diller,et al.  ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy , 2002, International Legal Materials.

[12]  Steven R. Ratner,et al.  Corporations and Human Rights: A Theory of Legal Responsibility , 2001 .

[13]  G. Lind,et al.  International Convention on Civil Liability for Oil Pollution Damage , 1970, American Journal of International Law.

[14]  C. Dolea,et al.  World Health Organization , 1949, International Organization.