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Volumn 40, Issue 2, 2012, Pages 220-233

Human Rights Responsibilities of Pharmaceutical Companies in Relation to Access to Medicines

Author keywords

[No Author keywords available]

Indexed keywords

DRUG;

EID: 84864014133     PISSN: 10731105     EISSN: 1748720X     Source Type: Journal    
DOI: 10.1111/j.1748-720X.2012.00660.x     Document Type: Article
Times cited : (46)

References (41)
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    • The right's full formulation is "the right of everyone to the highest attainable standard of physical and mental health," from article 12, International Covenant on Economic, Social and Cultural Rights. As shorthand, we adopt either "the right to the highest attainable standard of health" or "the right to health."
    • The right's full formulation is "the right of everyone to the highest attainable standard of physical and mental health, " from article 12, International Covenant on Economic, Social and Cultural Rights. As shorthand, we adopt either "the right to the highest attainable standard of health" or "the right to health."
  • 2
    • 84864023237 scopus 로고    scopus 로고
    • For an introduction to the growing literature, see A. Clapham and M. Robinson, Realising the Right to Health (Geneva: Swiss Human Rights Book Series, Ruffer & Rub).
    • For an introduction to the growing literature, see A. Clapham and M. Robinson, Realising the Right to Health (Geneva: Swiss Human Rights Book Series, Ruffer & Rub, 2008).
    • (2008)
  • 3
    • 84864019237 scopus 로고    scopus 로고
    • Department for International Development (U.K.), Increasing Access to Essential Medicines in the Developing World: U.K. Government Policy and Plans, at 8.
    • Department for International Development (U.K.), Increasing Access to Essential Medicines in the Developing World: U.K. Government Policy and Plans, June 2004, at 8.
    • (2004)
  • 4
    • 84863991038 scopus 로고    scopus 로고
    • See the Special Rapporteur on the Right to the Highest Attainable Standard of Health, UN Doc. A/61/338, September 13
    • See the Special Rapporteur on the Right to the Highest Attainable Standard of Health, UN Doc. A/61/338, September 13, 2006.
    • (2006)
  • 5
    • 84872612277 scopus 로고    scopus 로고
    • Unless otherwise indicated, references in this chapter to the UN Special Rapporteur on the right to the highest attainable standard of health are to Paul Hunt, the first person appointed to this mandate. One of the authors of this article, he held the post between 2002-2008.
    • Unless otherwise indicated, references in this chapter to the UN Special Rapporteur on the right to the highest attainable standard of health are to Paul Hunt, the first person appointed to this mandate. One of the authors of this article, he held the post between 2002-2008.
  • 6
    • 84872614133 scopus 로고    scopus 로고
    • UN Millennium Development Goals, Target 8(e).
    • UN Millennium Development Goals, Target 8(e).
  • 7
    • 84872614914 scopus 로고    scopus 로고
    • Committee on Economic, Social and Cultural Rights, General Comment 14: The Right to the Highest Attainable Standard of Physical and Mental Health, UN Doc. E/C.12/2000/4, at para. 42.
    • Committee on Economic, Social and Cultural Rights, General Comment 14: The Right to the Highest Attainable Standard of Physical and Mental Health, UN Doc. E/C.12/2000/4, at para. 42.
  • 8
    • 84872605005 scopus 로고    scopus 로고
    • Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises, John Ruggie, quot;Protect, Respect and Remedy: A Framework for Business and Human Rights," A/HRC/8/5, April 7, 2008, at para. 60.
    • Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises, John Ruggie, "Protect, Respect and Remedy: A Framework for Business and Human Rights, " A/HRC/8/5, April 7, 2008, at para. 60.
  • 9
    • 84872616271 scopus 로고    scopus 로고
    • Special Rapporteur on the Right to the Highest Attainable Standard of Health, UN Doc. A/63/263, August 11, 2008; and R. Khosla and P. Hunt, Guidelines for Pharmaceutical Companies in Relation to Access to Medicines: The Sexual and Reproductive Rights Context (Colchester: University of Essex, 2009).
    • Special Rapporteur on the Right to the Highest Attainable Standard of Health, UN Doc. A/63/263, August 11, 2008; and R. Khosla and P. Hunt, Guidelines for Pharmaceutical Companies in Relation to Access to Medicines: The Sexual and Reproductive Rights Context (Colchester: University of Essex, 2009).
  • 10
    • 84872609812 scopus 로고    scopus 로고
    • Special Rapporteur on the Right to the Highest Attainable Standard of Health, Mission to GlaxoSmithKlein, UN Doc. A/HRC/11/12/Add.2, May 5, 2009.
    • Special Rapporteur on the Right to the Highest Attainable Standard of Health, Mission to GlaxoSmithKlein, UN Doc. A/HRC/11/12/Add.2, May 5, 2009.
  • 11
    • 84922519140 scopus 로고    scopus 로고
    • For a review of these debates and initiatives, see A. Clapham, Human Rights Obligations of Non-State Actors (New York: Oxford University Press, 2006).
    • For a review of these debates and initiatives, see A. Clapham, Human Rights Obligations of Non-State Actors (New York: Oxford University Press, 2006).
  • 12
    • 84872618599 scopus 로고    scopus 로고
    • Sections 3 and 4 have extensively drawn upon P. Hunt and R. Khosla, quot;Holding Pharmaceutical Companies to Account: A UN Special Rapporteur's Mission to GlaxoSmithKline," in G. Gilbert et al., eds., The Delivery of Human Rights (Oxon and New York: Routledge, 2011): at 39-67; and P. Hunt and R. Khosla, quot;Human Rights Responsibilities of Pharmaceutical Companies in relation to Access to Medicines," in L. Forman et al., eds., Access to Medicines as a Human Right: What Implications for the Pharmaceutical Industry (Toronto: University of Toronto Press
    • Sections 3 and 4 have extensively drawn upon P. Hunt and R. Khosla, "Holding Pharmaceutical Companies to Account: A UN Special Rapporteur's Mission to GlaxoSmithKline, " in G. Gilbert et al., eds., The Delivery of Human Rights (Oxon and New York: Routledge, 2011): at 39-67; and P. Hunt and R. Khosla, "Human Rights Responsibilities of Pharmaceutical Companies in relation to Access to Medicines, " in L. Forman et al., eds., Access to Medicines as a Human Right: What Implications for the Pharmaceutical Industry (Toronto: University of Toronto Press, 2012): at 25-45.
    • (2012) , pp. 25-45
  • 13
    • 84872598504 scopus 로고    scopus 로고
    • The mandate of the Special Representative was created by the UN Commission on Human Rights in its resolution 2005/69 (April 20, 2005) and John Ruggie served the mandate from July 2005 to June 2011.
    • The mandate of the Special Representative was created by the UN Commission on Human Rights in its resolution 2005/69 (April 20, 2005) and John Ruggie served the mandate from July 2005 to June 2011.
  • 14
    • 84872607554 scopus 로고    scopus 로고
    • Human Rights Council Resolution 17/4, quot;Human Rights and Transnational Corporations and Other Business Enterprises," UN Doc. A/HRC/RES/17/4, June 16, 2011; The Guiding Principles on Business and Human Rights are annexed to the Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie, UN Doc. A/HRC/17/31, March 21, 2011.
    • Human Rights Council Resolution 17/4, "Human Rights and Transnational Corporations and Other Business Enterprises, " UN Doc. A/HRC/RES/17/4, June 16, 2011; The Guiding Principles on Business and Human Rights are annexed to the Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie, UN Doc. A/HRC/17/31, March 21, 2011.
  • 15
    • 84872600747 scopus 로고    scopus 로고
    • Report of the Special Representative, quot;Business and Human Rights: Further Steps toward the Operationalization of the 'Protect, Respect and Remedy' Framework," UN Doc. A/HRC/14/27, April 9 at para. 55.
    • Report of the Special Representative, "Business and Human Rights: Further Steps toward the Operationalization of the 'Protect, Respect and Remedy' Framework, " UN Doc. A/HRC/14/27, April 9, 2010, at para. 55.
    • (2010)
  • 16
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    • See Human Rights Council, Resolution 8/7, Mandate of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises, adopted without a vote on June 18, 2008.
    • See Human Rights Council, Resolution 8/7, Mandate of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises, adopted without a vote on June 18, 2008.
    • (2008)
  • 17
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    • Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie, Business and human rights: Towards operationalizing the "protect, respect and remedy" framework, UN Doc. A/HRC/11/13, April 22
    • Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie, Business and human rights: Towards operationalizing the "protect, respect and remedy" framework, UN Doc. A/HRC/11/13, April 22, 2009, at para. 64.
    • (2009)
  • 18
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    • Institute for Human Rights and Business, Setting Boundaries: Clarifying the Scope and Content of the Corporate Responsibility to Respect Human Rights, Submission to the UN Special Representative on Business and Human Rights, available at <> (last visited May 16, 2012).
    • Institute for Human Rights and Business, Setting Boundaries: Clarifying the Scope and Content of the Corporate Responsibility to Respect Human Rights, Submission to the UN Special Representative on Business and Human Rights, available at <> (last visited May 16, 2012).
  • 19
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    • See Human Rights Council Resolution 17/4, supra note 19. For the work of the working group on Human Rights and Business, see <> (last visited May 16).
    • See Human Rights Council Resolution 17/4, supra note 19. For the work of the working group on Human Rights and Business, see <> (last visited May 16, 2012).
    • (2012)
  • 20
    • 84872595236 scopus 로고    scopus 로고
    • Pharmaceutical companies have responsibilities arising from other human rights, such as the labour rights of their employees, but this article focuses on pharmaceutical companies' right to health responsibilities.
    • Pharmaceutical companies have responsibilities arising from other human rights, such as the labour rights of their employees, but this article focuses on pharmaceutical companies' right to health responsibilities.
  • 21
    • 72949087916 scopus 로고    scopus 로고
    • See Special Rapporteur on the Right to the Highest Attainable Standard of Health, Mission to Uganda, UN Doc. E/CN.4/2006/48/Add.2, January 19, 2006; P. Hunt, R. Steward, J. Mesquita, and L. Oldring, Neglected Diseases: A Human Rights Analysis, WHO-TDR Special Topic 6, 2006; and D. H. Molyneux, quot;Neglected Tropical Diseases - Beyond the Tipping Point?"The Lancet 375, no. 9708 (January 2 ): 3-4, at 3.
    • See Special Rapporteur on the Right to the Highest Attainable Standard of Health, Mission to Uganda, UN Doc. E/CN.4/2006/48/Add.2, January 19, 2006; P. Hunt, R. Steward, J. Mesquita, and L. Oldring, Neglected Diseases: A Human Rights Analysis, WHO-TDR Special Topic 6, 2006; and D. H. Molyneux, "Neglected Tropical Diseases - Beyond the Tipping Point?"The Lancet 375, no. 9708 (January 2, 2010): 3-4, at 3.
    • (2010)
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    • WHO, Good Manufacturing Practices for Pharmaceutical Products: Main Principles, WHO Technical Report Series, No. 961
    • WHO, Good Manufacturing Practices for Pharmaceutical Products: Main Principles, WHO Technical Report Series, No. 961, 2011.
    • (2011)
  • 23
    • 84872598240 scopus 로고    scopus 로고
    • See H. Potts, Accountability and the Right to the Highest Attainable Standard of Health (Colchester: University of Essex, 2008); generally, Health and Human Rights Journal 10, no. 2 (2008), with particular reference to A. E. Yamin, quot;Beyond Compassion: The Central Role of Accountability in Applying a Human Rights Framework to Health," at 1-20 and L. Freedman, quot;Human Rights, Constructive Accountability and Maternal Mortality in the Dominican Republic: A Commentary,"International Journal of Gynaecology and Obstetrics 82, no. 1 (2003): 111-114.
    • See H. Potts, Accountability and the Right to the Highest Attainable Standard of Health (Colchester: University of Essex, 2008); generally, Health and Human Rights Journal 10, no. 2 (2008), with particular reference to A. E. Yamin, "Beyond Compassion: The Central Role of Accountability in Applying a Human Rights Framework to Health, " at 1-20 and L. Freedman, "Human Rights, Constructive Accountability and Maternal Mortality in the Dominican Republic: A Commentary, "International Journal of Gynaecology and Obstetrics 82, no. 1 (2003): 111-114.
  • 24
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    • GSK, Corporate Responsibility Report, 2007, especially chapter 5.
    • GSK, Corporate Responsibility Report, 2007, especially chapter 5.
  • 25
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    • See Access to Medicine Index, available at <> (last visited May 16, 2012).
    • See Access to Medicine Index, available at <> (last visited May 16, 2012).
  • 26
    • 84872604460 scopus 로고    scopus 로고
    • UN High Commissioner for Human Rights, The Impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights on Human Rights, UN Doc. E/CN.4/Sub.2/2001/13, June 27, 2001, at paras. 42-43; The Special Rapporteur on the Right to the Highest Attainable Standard of Health, Mission to the World Trade Organization, UN Doc. E/CN.4/2004/49/Add.1, 1 March 2004, at para. 43; and The Special Rapporteur on the Right to the Highest Attainable Standard of Health, Access to Medicines and Intellectual Property Rights, UN Doc. A/HRC/11/12, March 31, 2009, at para. 19.
    • UN High Commissioner for Human Rights, The Impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights on Human Rights, UN Doc. E/CN.4/Sub.2/2001/13, June 27, 2001, at paras. 42-43; The Special Rapporteur on the Right to the Highest Attainable Standard of Health, Mission to the World Trade Organization, UN Doc. E/CN.4/2004/49/Add.1, 1 March 2004, at para. 43; and The Special Rapporteur on the Right to the Highest Attainable Standard of Health, Access to Medicines and Intellectual Property Rights, UN Doc. A/HRC/11/12, March 31, 2009, at para. 19.
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    • 84872620288 scopus 로고    scopus 로고
    • WHO Commission on Intellectual Property Rights, Innovation and Public Health, Public Health, Innovation and Intellectual Property, Geneva, 2006, at 20; and Commission on Intellectual Property (UK), Integrating Intellectual Property Rights and Development, London, 2002, at 34.
    • WHO Commission on Intellectual Property Rights, Innovation and Public Health, Public Health, Innovation and Intellectual Property, Geneva, 2006, at 20; and Commission on Intellectual Property (UK), Integrating Intellectual Property Rights and Development, London, 2002, at 34.
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    • Pharmaceutical Shareowners Group, The Public Health Crisis in Emerging Markets, London, 2004
    • Pharmaceutical Shareowners Group, The Public Health Crisis in Emerging Markets, London, 2004
    • (2004)
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    • 84872620754 scopus 로고    scopus 로고
    • There are ways of ensuring that only social group E accesses these not-for-profit medicines, e.g., by only making these medicines available via designated health clinics in the public health system unfrequented by social group A.
    • There are ways of ensuring that only social group E accesses these not-for-profit medicines, e.g., by only making these medicines available via designated health clinics in the public health system unfrequented by social group A.
  • 30
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    • Special Rapporteur on the Right to the Highest Attainable Standard of Health, quot;Mission to the World Bank, the International Monetary Fund, and Uganda," UN Doc. A/HRC/7/11/Add.2, March 5, 2008, J. Mesquita and P. Hunt, International Assistance and Cooperation in Sexual and Reproductive Health: A Human Rights Responsibility for Donors (Colchester: University of Essex, 2008); and J. Mesquita, P. Hunt, and R. Khosla, quot;The Human Rights Responsibility of International Assistance and Cooperation in Health," in M. Gibney and S. Skogly, eds., Universal Human Rights and Extraterritorial Obligations (Philadelphia: University of Pennsylvania Press, 2010): 104-129.
    • Special Rapporteur on the Right to the Highest Attainable Standard of Health, "Mission to the World Bank, the International Monetary Fund, and Uganda, " UN Doc. A/HRC/7/11/Add.2, March 5, 2008, J. Mesquita and P. Hunt, International Assistance and Cooperation in Sexual and Reproductive Health: A Human Rights Responsibility for Donors (Colchester: University of Essex, 2008); and J. Mesquita, P. Hunt, and R. Khosla, "The Human Rights Responsibility of International Assistance and Cooperation in Health, " in M. Gibney and S. Skogly, eds., Universal Human Rights and Extraterritorial Obligations (Philadelphia: University of Pennsylvania Press, 2010): 104-129.
  • 32
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    • Innovest Strategic Value Advisors, Haarlem : Access to Medicine Foundation, and RiskMetrics Group, Access to Medicine Index 2010 (Haarlem, The Netherlands: Access to Medicine Foundation, 2010).
    • Innovest Strategic Value Advisors, Access to Medicine Index 2008 ( Haarlem : Access to Medicine Foundation, 2008); and RiskMetrics Group, Access to Medicine Index 2010 (Haarlem, The Netherlands: Access to Medicine Foundation, 2010).
    • (2008) Access to Medicine Index 2008
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    • GSK, Annual Report
    • GSK, Annual Report, 2003.
    • (2003)
  • 34
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    • GSK, GSK Statement on Human Rights, available at <> (last visited May 16, 2012).
    • GSK, GSK Statement on Human Rights, 2007, available at <> (last visited May 16, 2012).
    • (2007)
  • 35
    • 84872602059 scopus 로고    scopus 로고
    • Anand Grover orally presented the report following his appointment as Special Rapporteur in August 2008. In accordance with protocol, Paul Hunt stepped down as Rapporter on completion of his second three-year term in July 2008.
    • Anand Grover orally presented the report following his appointment as Special Rapporteur in August 2008. In accordance with protocol, Paul Hunt stepped down as Rapporter on completion of his second three-year term in July 2008.
  • 36
    • 84872606669 scopus 로고    scopus 로고
    • GlaxoSmithKline Statement in Response to Paul Hunt's Report on GSK, June 2009, on file with authors.
    • GlaxoSmithKline Statement in Response to Paul Hunt's Report on GSK, June 2009, on file with authors.
  • 37
    • 66649120486 scopus 로고    scopus 로고
    • The Lancet, quot;Editorial: Right-to-Health Responsibilities of Pharmaceutical Companies,"The Lancet 373, no. 9680 (June 13, 2009): at 1998.
    • The Lancet, "Editorial: Right-to-Health Responsibilities of Pharmaceutical Companies, "The Lancet 373, no. 9680 (June 13, 2009): at 1998.
  • 38
    • 84872602741 scopus 로고    scopus 로고
    • On file with authors.
    • On file with authors.
  • 39
    • 80053231647 scopus 로고    scopus 로고
    • Commission on Information and Accountability for Women's and Children's Health, WHO, Geneva, at 9, available at <> (last visited May 16, 2012).
    • Commission on Information and Accountability for Women's and Children's Health, Keeping Promises, Measuring Results, WHO, Geneva, 2011, at 9, available at <> (last visited May 16, 2012).
    • (2011) Keeping Promises, Measuring Results
  • 40
    • 84872619057 scopus 로고    scopus 로고
    • See Every Woman, Every Child, available at <> (last visited May 16, 2012).
    • See Every Woman, Every Child, available at <> (last visited May 16, 2012).
  • 41
    • 84872611044 scopus 로고    scopus 로고
    • Note
    • See, for "non-legal" enforcement means, A. Reinisch, "The Changing International Legal Framework, " in P. Alston ed., Non-State Actors and Human Rights (Oxford: Oxford University Press, 2005): 37-89, at 68.


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