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Ensuring Equitable Access To Vaccines In The Global South: Analysing The Scope Of Right To Health

Ensuring Equitable Access To Vaccines In The Global South: Analysing The Scope Of The Right To Health In Trips With Special Reference To “The Lessons From The Pandemic”




Pramita, LL.B, Symbiosis Law School, Pune

ABSTRACT

Access to quality and affordable healthcare is a human right. However, according to the WHO report 2017, almost half of the population could not obtain essential healthcare. This population primarily constitutes the “global south.” While on the one hand, globalization paints a borderless world concomitant to complex interdependencies, on the other hand, through international trade regulations, we have exacerbated the "global health divide."

This health divide was yet again witnessed in the current COVID-19 pandemic. In this paper, we have analyzed how the current Trade Related aspects of Intellectual Property Rights (TRIPS) provisions have become a barrier to equitable health despite the flexibilities provided to least- developed and developing countries. Learning the lessons from the current pandemic, we have provided a way forward to approach the problem of inequitable health access.

Keywords: TRIPS, Essential medicines, Intellectual property, international trade, vaccine equity, global health, pandemic, human rights, patents

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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