Lessons learned: a framework methodology for human rights impact assessment of intellectual property protections in trade agreements. Issue 1 (2nd January 2016)

• Record Type: Journal Article
• Authors: Forman, Lisa; MacNaughton, Gillian
• Is Part Of: Impact assessment and project appraisal. Volume 34:Issue 1(2016)
• Page Start: 55
• Page End: 71
• Publication Date: 2016-01-02
• Subjects: Human rights -- health -- human rights impact assessment -- intellectual property -- international trade -- affordable medicines; 333.714
• DOI: 10.1080/14615517.2016.1140995
• Languages: English
• ISSNs: 1461-5517

Abstract

Abstract: Currently, two billion people lack regular access to essential medicines in contradiction of their right to health under international law. With the rapid growth of intellectual property provisions in international trade agreements in recent years, governments are increasingly bound to provide stringent patent protection to pharmaceuticals, resulting in higher drug prices, which exacerbate the inaccessibility of medicines. As a result, there is a growing consensus in human rights and public health communities that policy-makers should ensure that trade agreements do not negatively affect the right to health, and moreover that human rights impact assessment offers a pragmatic and increasingly well-considered framework for achieving this aim. Drawing on numerous case studies and international human rights standards, this article proposes a pragmatic framework methodology for non-governmental organizations to carry out human rights impact assessment of trade-related intellectual property protections as part of their advocacy campaigns.