When Framing Meets Law: Using Human Rights as a Practical Instrument to Facilitate Access to Medicines in Developing Countries
The WIPO Journal, Vol. 3, No. 1, pp. 113-127, 2011
Queen Mary School of Law Legal Studies Research Paper No. 92/2011
46 Pages Posted: 7 Dec 2011
Date Written: December 6, 2011
Abstract
Although it is recognized widely that human rights-based approaches have underpinned substantive arguments in favor of utilizing the full range of flexibilities contained in the TRIPS Agreement to ensure access to medicines, the extent that human rights have been used by health activist NGOs in developing countries is far greater than previously thought. This paper outlines how NGOs have used concrete human rights principles enshrined in national constitutional law as a practical tool in their access to medicines campaigns.
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