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Essential Medicines in National Constitutions: Progress Since 2008
S Katrina Perehudoff1, Brigit Toebes2, Hans Hogerzeil3
1Doctoral candidate in the Global Health Unit, Department of Health Sciences in the University Medical Centre, University of Groningen, the Netherlands, and Research Fellow at the Global Health Law Groningen Research Centre.
Health and Human Rights
|October 27, 2016
Summary
Governments increasingly include constitutional guarantees for essential medicines access. This study found 22 constitutions oblige governments to ensure medicine availability, accessibility, and quality, reflecting a growing commitment to health rights.
Area of Science:
- Public Health Law
- International Human Rights Law
- Constitutional Law
Background:
- Constitutional guarantees for essential medicines access are key indicators of a government's commitment to the right to health.
- Analyzing these provisions is crucial for understanding global health equity and legal frameworks.
Purpose of the Study:
- To evaluate constitutional provisions regarding access to essential medicines.
- To identify model constitutional texts for medicines access.
- To assess the evolution of constitutional rights related to medicines since 2008.
Main Methods:
- Systematic review of constitutional texts from WHO member states.
- Analysis of legal obligations under international human rights law.
- Comparative evaluation of constitutional provisions over time.
Main Results:
- Twenty-two constitutions globally now mandate government action on medicine accessibility, availability, and quality.
- Since 2008, five constitutions expanded, four maintained, and one regressed in state responsibilities for essential medicines access.
- Constitutional inclusion of government commitments to essential medicines is increasing.
Conclusions:
- Constitutional recognition of essential medicines access is a growing trend globally.
- These constitutional commitments form a vital foundation for health system equity.
- The study provides insights into evolving legal frameworks for ensuring access to medicines.
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