E-DRUG: The right to essential medicines in national constitutions (new WHO Bull editorial)
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Dear e-druggers,
You may be interested in a recent WHO Bulletin Editorial, written by
WHO/EMP intern Katrina Perehudoff, Richard Laing and myself: Access to
essential medicines in national constitutions (WHO Bull 2010; vol 88).
http://www.who.int/bulletin/volumes/88/11/10-078733/en/index.html
Here are some of the key points of the editorial:
One important success factor for the legal enforcement of access to
essential medicines is the incorporation of right-to-health principles
into national constitutions. In one study, in 11 out of 12 middle-income
countries in which successful court cases in support of access took
place there was supportive constitutional language and, in the twelfth
country, international treaties ratified by the State acquire the status
of national law. Constitutional recognition of the right to access to
medical products and technologies has therefore become a country
progress indicator in WHO's Medium-term strategic plan for 2008-2013.
WHO recently published a first baseline study for this indicator,
including a database and analysis of all health-related texts in
national constitutions. The study reports that 135 (73%) of 186 national
constitutions include provisions on health or the right to health. Of
these, 95 (51%) constitutions mention the right to access health
facilities, goods and services, 62 (45%) include in-text reference to
equity and non-discrimination and 111 (82%) include one or more
article(s) mandating the right to be treated equally or freedom from
discrimination.
Constitutional recognition of the right to access essential medicines is
an important sign of national values and commitment, but is neither a
guarantee nor an essential step - as shown by those countries that have
failing health systems despite good constitutional language, and those
that have good access without it. Yet the many court cases in the
Americas have shown that constitutional recognition creates an important
supportive environment, especially in middle-income countries where
health insurance systems are being created and patients are becoming
more aware of their rights and are more vocal in demanding them. More
recent constitutional texts seem to include stronger commitments,
possibly reflecting the positive influence of the global development of
the right to health in the past 50 years.
Political opportunities to update a country's constitution present a
chance to align national values and aspirations with international human
rights standards. The new constitutional texts should then consider key
human rights principles, and specifically the right to health and
equitable access to essential medical goods and services. Constitutional
frameworks can thus become valuable aspirational statements on which to
base other legislation and policies. The examples identified in the
recent WHO study could serve as a model.
Katrina's full report is also on the WHO/Medicines/human rights website:
http://www.who.int/medicines/areas/human_rights/Perehudoff_report_consti
tutions_2008.pdf
With best regards,
Hans
Dr Hans V. Hogerzeil
Director
Essential Medicines and Pharmaceutical Policies
World Health Organization
CH-1211 Geneva 27
Switzerland
Tel: +41-22-791-3528
Fax: +41-22-791-4730
email: hogerzeilh@who.int