RIGHT TO HEALTH AND ACCESS TO HEALTHCARE AND MEDICINE IN THE LIGHT OF TRIPS AGREEMENT: A CRITICAL STUDY
Human Rights are fundamental rights. They are known as nonderogable and inalienable rights. As such they are to be respected and ensured by the states as they have the obligation with respect to protect human rights. The states cannot compromise with the human rights of the people under any circumstances. On the other hand, states have also fallen prey to various developmental mechanisms for the purpose of economic growth and prosperity. Therefore, they are going for the multilateral and bilateral agreements thereby inviting the companies to make investments in developing world. When they are investing especially in the pharmaceutical sector, they are expecting such developing world to create mechanisms for the ease of doing business as well as to keep in place an eco-system for the promotion of trade as well as foreign direct investment in such nations. Though the developing world must take a call in this regard but at the same time the states concerned must ensure the basic protection of Human Rights as they have constitutional obligations too and the same cannot be compromised with. While investors are investing in pharmaceutical sector wherein some companies are making investments in the field of research and innovation therefore, they do expect Intellectual Property Rights protection for such innovation and research they do too. While ensuring IPR Protection, if they deny any opportunities for people for getting access to Medicine/Essential Medicine/healthcare, such act of them adversely impact the human rights of the people at large. As we know that Constitutional goals ensuring right to health including having access to essential medicine and healthcare make it very clear that Right to health of the people is not to be tempered with under any circumstances. Article 21 of the constitution of India has also taken care of the right to health thereby ensuring access to essential medicines and healthcare.