Human Rights and Biomedical Research Funding for the Developing World: Discovering State Obligations Under the Right for Health

Health and Human Rights, Vol. 4, No. 1, pp. 26-58, 1999

33 Pages Posted: 1 Mar 2010

See all articles by Amir Attaran

Amir Attaran

University of Ottawa - Common Law Section; University of Ottawa - Department of Epidemiology and Community Medicine

Date Written: 1999

Abstract

The International Covenant on Economic, Social and Cultural Rights (ICESCR) obligates states to "take steps individually and through international assistance and co-operation ... to the maximum of (their) available resources" to realize the right to health. This obligation, however, is often dismissed because (1) realizing rights through "international assistance" is thought to intrude on state sovereignty and (2) it is impossible to say what is demanded by the "maximum of ... available resources." These problems can be circumvented by "reading down" the mutual assistance clause, so that it demands only that steps be taken on a state's own territory, with its pecuniary resources. Industrialized states could use public funds to reserach diseases such as malaria, AIDS, and tuberculosis, but they have failed to consider their ICESCR obligations in making science funding decisions. These failures point to ubiquitous and grievous violations of international law.

Suggested Citation

Attaran, Amir and Attaran, Amir, Human Rights and Biomedical Research Funding for the Developing World: Discovering State Obligations Under the Right for Health (1999). Health and Human Rights, Vol. 4, No. 1, pp. 26-58, 1999, Available at SSRN: https://ssrn.com/abstract=1558633

Amir Attaran (Contact Author)

University of Ottawa - Department of Epidemiology and Community Medicine ( email )

451 Smyth Road
Ottawa, Ontario K1H 8M5
Canada

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada
613-562-5800 ext: 2015 (Phone)
613-562-5659 (Fax)

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