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Matthews, Duncan --- "When framing meets law: Using human rights as a practical instrument to facilitate access to medicines in developing countries" [2014] ELECD 118; in Ghidini, Gustavo; Peritz, J.R. Rudolph; Ricolfi, Marco (eds), "TRIPS and Developing Countries" (Edward Elgar Publishing, 2014) 12

Book Title: TRIPS and Developing Countries

Editor(s): Ghidini, Gustavo; Peritz, J.R. Rudolph; Ricolfi, Marco

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849804851

Section: Chapter 1

Section Title: When framing meets law: Using human rights as a practical instrument to facilitate access to medicines in developing countries

Author(s): Matthews, Duncan

Number of pages: 27

Abstract/Description:

Over the past decade, the debate about the relationship between access to medicines and human rights has, to a large extent, come to define the politics of intellectual property (IP). This chapter describes how Non-governmental Organisations (NGOs) seeking to draw attention to the potentially adverse effects of patents for pharmaceutical products for public health, particularly for people living with Human Immunodeficiency Virus/Acquired Immune-Deficiency Syndrome (HIV/AIDS), not only reshaped the international debate about the relationship between IP rights and access to medicines by framing it as a human rights issue, but have also utilised the concrete human rights principles enshrined in national constitutional law as a practical tool in their campaigns, often to far-reaching effect.