The collision of rights and its impact on access to essential medicines: challenges for South America

Abstract

The collision between intellectual property rights and the right to health due to obligations assumed simultaneously –the WTO TRIPS Agreement and the United Nations International Covenant on Economic, Social and Cultural Rights– by the twelve countries of South America, has had a profound impact regarding their populations access to essential medicines. The paper reports this situation in the region, while placing it in the context of the debate on trade and human rights, which has been particularly strong since the beginning of this century in the field of public health. The need for South American countries to strengthen intraregional cooperation as well as the promotion of South-South cooperation in access to essential medicines, taking into account the prevalence of pharmaceutical patents held by private laboratories in the northern hemisphere, is underlined. The advances made in this direction by the South American Health Council of Unasur, together with its actions as a regional bloc at the WTO meetings, are promising steps that must be complemented by the development of joint drug production capabilities.