Decolonising Human Rights Law in Global Health - the Impacts of Intellectual Property Law on Access to Essential Medicines : A Perspective from COVID-19 Pandemic
Journal article
Zaman, Khorsed. (2024). Decolonising Human Rights Law in Global Health - the Impacts of Intellectual Property Law on Access to Essential Medicines : A Perspective from COVID-19 Pandemic. BMJ Global Health. pp. 1-18. https://doi.org/10.1017/S2044251323000747
Authors | Zaman, Khorsed |
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Abstract | The global impacts of COVID-19 have been calamitous, unleashing widespread human suffering and exacerbating health crises, all while worsening pre-existing inequalities and transgressing fundamental human rights. Despite earnest pleas from the United Nations and developing nations for an equitable distribution of COVID-19 vaccines, these appeals were largely unheeded. Instead, major pharmaceutical manufacturers and high-income countries (HICs) had maintained a stranglehold on vaccine technology through the safeguarding of intellectual property rights (IPRs), leading to exorbitant pricing and preferential distribution to affluent regions. This vaccine hoarding has left low- and middle-income countries (LMICs) with delayed and insufficient supplies, endangering the lives of the most vulnerable. The stringent enforcement of IPRs mechanisms, rather than aligning with international human rights obligations, has further marginalised the right to life, health, and access to vaccines and medicines, particularly in LMICs. This study ardently advocates for a policy shift that promotes the decolonisation of human rights in the context of IPRs and global health law. |
Keywords | Human rights; access to medicines; global health; neo-colonialism; decolonization; COVID-19; intellectual property rights; TRIPS |
Year | 01 Jan 2024 |
Journal | BMJ Global Health |
Journal citation | pp. 1-18 |
Publisher | Cambridge University Press |
ISSN | 2044-2521 |
Digital Object Identifier (DOI) | https://doi.org/10.1017/S2044251323000747 |
Web address (URL) | https://www.cambridge.org/core/journals/asian-journal-of-international-law/article/decolonizing-human-rights-law-in-global-health-the-impacts-of-intellectual-property-law-on-access-to-essential-medicines-a-perspective-from-the-covid19-pandemic/9D94B9E4539B6CC40491CC8F74BE0632 |
Open access | Published as ‘gold’ (paid) open access |
Research or scholarly | Research |
Page range | 1-18 |
Publisher's version | License File Access Level Open |
Output status | Published |
Publication dates | |
Online | 18 Jan 2024 |
Publication process dates | |
Accepted | 17 Oct 2023 |
Deposited | 12 Jun 2024 |
Additional information | © The Author(s), 2024. Published by Cambridge University Press on behalf of the Asian Society of International Law. |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence ( http://creativecommons.org/ licenses/by/4.0/ ), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited. | |
Place of publication | United Kingdom |
https://acuresearchbank.acu.edu.au/item/909yy/decolonising-human-rights-law-in-global-health-the-impacts-of-intellectual-property-law-on-access-to-essential-medicines-a-perspective-from-covid-19-pandemic
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Publisher's version
OA_Zaman_2024_Decolonizing_human_rights_law_in_global.pdf | |
License: CC BY 4.0 | |
File access level: Open |
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