Right to health as a Human Right

On 11 March 2020, the World Health Organization declared COVID-19 a global pandemic. Since this declaration, compulsory licensing has remained a hot topic in the IP world. The global and national response needed for shifting the challenge to the promotion and protection of health and the human rights of people across the globe. The situation which is existing today is like a global public health emergency. So the countries identify the ways for addressing this situation from the human rights perspective and to address the public health concern successfully. Enjoyment of the highest attainable standard of health which is the heart of the World Health Organization. WHO commitment continues to serve health as a human right which continues to give a signal for the countries to respond to the public health emergency.

Access to health can be directly related to the availability of medical care as part of the person’s individuals rights, various international convention Universal Declaration of Human Rights 1948, International Covenant of Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention on the Elimination of all Forms of Discrimination Against Women 1979, Convention on the Rights of Child.[1] During this period, one of the major responsibility for reducing the disruption of the health-care system is on the pharmaceutical company by maintaining the supply of constant medicines, diagnostic tools and vaccines for smooth functioning. Global supply of pharmaceuticals is liked to be interrupted, particularly in the low and middle-class family.

During this pandemic, a major focus of the pharmaceuticals company should not be on the profit generation but to deal with this problem effectively by making medicine accessible to the larger population. Health should be given priority over the revenue generation. This will also help the company to outshine his image and name by providing the medicine at a low cost. While many countries like Israel, Canada, and Chile have already taken measures to speed up licensing processes and have tweaked their patent regime to dilute the rights of patent holders. There is enough pressure from the public and media on private entities, including the pharma companies which also push them toward sharing their products and patents more openly and to make joint efforts for tackling the virus along with the emergency measures taken up by the government to overcome the patent barrier. As the patent system always encourages innovation especially in the pharmaceutical sector because it recouped and profit margins attained.


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