Title: The instrumental value of the right to science to enhance access to health technologies

Authors: Zeleke Temesgen Boru

Addresses: House of Federation, Ethiopia

Abstract: This paper examines the obligations of State Parties to the International Covenant on Economic, Social and Cultural Rights to ensure access to affordable health technologies (medicines, etc.) and the extent to which 'the right to enjoy the benefits of scientific progress and its applications' might contribute to the realisation of this right. Under General Comment Number 25, the United Nations Committee on Economic, Social and Cultural Rights stated that the right to enjoy the benefits of scientific progress and its applications has 'clear and diverse' links with the rights to health. However, the direct link between the two can be stymied by Intellectual Property Rights (IPRs). Against this backdrop, the paper seeks to give an answer to the question: how does the right to science enhance access to health technologies? To respond to the question, desktop-based research is employed. The paper has concluded that the right to science has an instrumental value to vitalise access to affordable health technologies.

Keywords: the right to science; access to medicines; Intellectual Property Rights; IPRs; TRIPS; UN Committee.

DOI: 10.1504/IJPLAP.2021.115940

International Journal of Public Law and Policy, 2021 Vol.7 No.2, pp.150 - 169

Received: 24 Nov 2020
Accepted: 18 Feb 2021
Published online: 05 Jul 2021 *

Full-text access for editors Full-text access for subscribers Purchase this article Comment on this article