The IUP Journal of Law Review
Justice and Access to Healthcare: A Kaleidoscopic View

Article Details
Pub. Date : Jan, 2021
Product Name : The IUP Journal of Law Review
Product Type : Article
Product Code : IJLR40121
Author Name :S M Aamir Ali and Anuttama Ghose
Availability : YES
Subject/Domain : Arts & Humanities
Download Format : PDF Format
No. of Pages : 17



In this era of globalization, there is rampant inequality in access to healthcare around the world, because of which justice at the global level looks utopian. The objective of this paper is to evaluate various global justice perspectives through various philosophical approaches and to analyze the situations in which intellectual property could lead to restriction of right to health. The study is limited to global justice perspectives within three theories or philosophies, i.e., egalitarian, communitarian and Rawls difference principle. Through this paper, the author attempts to answer a few general research questions and a few specific research questions. The general research questions are: What are the philosophical foundations upon which the global justice to health can be based? What are the rights and interests, liabilities and duties of the global north? And what are some global justice perspectives which give basis to universal availability of right to health? And the specific research questions are:Who are the important stakeholders or constituents in the process at the international level? Do patents on pharmaceuticals act as an impediment to the realization of human right to health? Does evergreening of patents impact accessibility to healthcare and essential medicines?


The metamorphosis of global health standards is at an unprecedented level. The challenge, however, is to identify the change and provide effective solutions. At philosophical and policy levels, which is the central focus of this paper, the problem is difficult to tackle as it involves various aspects. Though right to health involves elements of access to better life care facilities, medicines and rehabilitation facilities at its core, the elements of economic support and social coverage assume importance considering the intersection of these subjects. The average life expectancy has drastically improved since 1900; the global average from its nadir of 30 years1 has


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