A human rights approach to law and decision-making on trade and access to essential medicines: A critical perspective

A human rights approach to standards and decision-making processes on trade and access to essential medicines issues at the national and international levels, draws on all sources of international human rights law and policy. The elements of inclusiveness, participation, transparency and accountability are particularly relevant to a human rights approach to decision-making, while the right to access to essential medicines, as a “floor” right, and with respect to equity, are the relevant human rights legal standards. The application of these criteria is particularly relevant nationally to the United States, and internationally, to the World Health Organization and the World Trade Organization. The US is particularly relevant in this context because of the Government's refusal to recognize the right to health, the influence of major pharmaceutical corporations on US health and trade law and policies, and the influence of the US on international trade and health law and policies. The World Health Organization and the World Trade Organization are particularly relevant because they are the leading international public health and trade bodies respectively, with a growing body of evidence of unfair and inequitable decision-making processes resulting in laws and policies that are not consistent with international human rights standards. The development of a human rights approach to trade and health is greatly facilitated by a discourse between human rights and health professionals on these issues. Public health professionals working at all levels are therefore in a better position to promote fair and equitable decision-making and the right to essential medicines.