Public Health Open Access (PHOA)

ISSN: 2578-5001

Conceptual Paper

Pharma Patents and Health Care: A Critical Examination of Judicial Response to Novartis Case

Authors: Murty KS*

DOI: DOI: 10.23880/phoa-16000257

Abstract

The right to health as human right paved the way to encourage efforts to optimize the satisfaction of the basic needs of vulnerable people in a sustainable manner and promised to codify as well as to reconstruct them into legal and ethical norms. Health as human right requires that civil society must have democratic participation to capture the essence of the needs and sentiments of people. It conceives the interpretation of health as a judicially enforceable right in every part of the world. At the global level, the institutionalization of health as a human right has found manifestation in international conventions, declarations, and directives. The linkage of health and human rights reference to the understandings that the language of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political, belief, economic, and social conditions. This linkage also attributes to the understanding that the status of health is determined in a large measure of the degree to which human rights are enjoyed.

Keywords: Pharma Patents; Health Care; Human Rights; Novartis

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