Access to Medicinal Products as a Component of the Right to Health Cover Image

Dostęp do produktów leczniczych jako komponent prawa do zdrowia
Access to Medicinal Products as a Component of the Right to Health

Author(s): Paulina Krukowska-Siembida
Subject(s): Law, Constitution, Jurisprudence, International Law, Economic policy, Government/Political systems
Published by: Wyższa Szkoła Zarządzania i Administracji w Zamościu
Keywords: right to health;parallel import;medicinal product;soft law

Summary/Abstract: In the research concerning this subject it is often emphasized that it would be difficult to find a more undefined human right than the right to health, the content of which was initially shaped as a customary standard, then it was specified in numerous Treaty norms. The scope of this article is, firstly, the attempt to characterize the right to health based on the most important international law agreements and, secondly, the attempt to determine what this right comprises. While specifying the material scope of the discussed right, the concept of “basic obligations” of states emerges, including access to medicinal products, among others. The institution inherent in trade in products in the European Union is parallel trade, whose main driving force is the price difference of the same products in different countries of the Community. The issue of parallel import is particularly important because of its role in shaping access to medicinal products.

  • Issue Year: 16/2018
  • Issue No: 5
  • Page Range: 93-98
  • Page Count: 6
  • Language: Polish