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EU's Extraterritorial Obligations for Global Medicine Access Under the Convention on the Rights of Persons with
Katrina Perehudoff1,2,3,4,5
1https://ror.org/04dkp9463University of Amsterdam Amsterdam Law School, Law for Health and Life, Netherlands.
Abstract:
Equitable access to medicines is vital for people with disabilities to receive effective, affordable, and quality treatment, helping preserve functionality, prevent further disability, and promote social and economic inclusion. This paper explores the specific medicine needs of people with disabilities in low- and middle-income countries (LMICs), focusing on the European Union's (EU) extraterritorial legal obligations under the Convention on the Rights of Persons with Disabilities (CRPD). As the first regional international organization to accede to a UN human rights treaty, the EU offers a unique case for examining how international legal commitments extend beyond its borders. The paper outlines a legal framework based on the CRPD to assess the EU's responsibilities for ensuring access to medicines globally. This framework is applied to two case studies: the EU's internal joint COVID-19 vaccine procurement strategy and its external BioNTainer initiative for vaccine production in Africa under Team Europe. The analysis finds that the EU falls short of its CRPD obligations, particularly in areas of technology transfer and intellectual property sharing, which are essential for equitable global vaccine access. The paper concludes that the EU's current actions do not fulfill its human rights commitments to people with disabilities in LMICs.
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