- Title Pages
- Preface
- List of Abbreviations
- Notes on Contributors
- Global Health
- Keynote Address
- 1 What is Health?
- 2 Pathways Towards a Framework Convention on Global Health
- 3 The Bloodless Ideological Supreme Court Battle over the Affordable Care Act and the ‘Right to Health’ in America
- 4 Conceptualizing Implementation of the Right to Health
- 5 Access to Essential Medicines in Kenya
- 6 Vulnerability
- 7 Legally Vulnerable
- 8 The ECHR, Health Care, and Irregular Migrants
- 9 Rights-based Approaches to HIV in the Middle East and North Africa Region
- 10 Indigenous People, Emerging Research, and Global Health
- 11 Human Trafficking and Organ Trade
- 12 Cross Border Commercial Surrogacy
- 13 Maternal Mortality and Human Rights
- 14 Disability, Human Rights, and Global Health
- 15 What Can Human Rights Do for Women’s Health?
- 16 Uvulectomy, Children’s Rights and Public Health Challenges in Chad
- 17 Adding Nonideal Agents to Work Out a Pending Debt
- 18 Global Ageing
- 19 Libertarian Paternalism and Public Health Nudges
- 20 Interrogation Medicine?
- 21 Global Health, Law, and Ethics
- 22 International Human Rights Laws and Principles
- 23 Exposing the Limits of the Law?
- 24 Global Health Law Norms
- 25 Global Health Law
- 26 Environmental Sustainability and Global Health Law
- 27 Bridging the Health/Law Divide in Global Health Law
- 28 International Law and Global Health
- 29 Competition and Cooperation in Global Health Governance
- 30 The Interlocking World of Global Health Governance
- 31 Mission (Im)possible?
- 32 Policy Space for Health in the Context of Emerging European Trade Policies
- 33 An Agenda for Normative Policy Analysis in the Study of Global Health Governance
- 34 The Contributions of Science and Politics to Global Food Safety Law
- Index
Access to Essential Medicines in Kenya
Access to Essential Medicines in Kenya
Intellectual Property, Anti-Counterfeiting, and the Right to Health
- Chapter:
- (p.94) 5 Access to Essential Medicines in Kenya
- Source:
- Law and Global Health
- Author(s):
John Harrington
- Publisher:
- Oxford University Press
This chapter examines the conflict between the right to health and the worldwide move to strengthen intellectual property enforcement with regards to access to medicines. It considers a recent ruling by the Kenyan High Court that anti-counterfeit legislation was unconstitutional in the context of the right to health enshrined in the country’s new constitution. The chapter discusses the background to the case and argues that the Court’s ruling was justified by oversights and exclusions in the process of parliamentary deliberation which led to the passing of the legislation.
Keywords: intellectual property, Kenyan constitution, health policy, global health
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- Title Pages
- Preface
- List of Abbreviations
- Notes on Contributors
- Global Health
- Keynote Address
- 1 What is Health?
- 2 Pathways Towards a Framework Convention on Global Health
- 3 The Bloodless Ideological Supreme Court Battle over the Affordable Care Act and the ‘Right to Health’ in America
- 4 Conceptualizing Implementation of the Right to Health
- 5 Access to Essential Medicines in Kenya
- 6 Vulnerability
- 7 Legally Vulnerable
- 8 The ECHR, Health Care, and Irregular Migrants
- 9 Rights-based Approaches to HIV in the Middle East and North Africa Region
- 10 Indigenous People, Emerging Research, and Global Health
- 11 Human Trafficking and Organ Trade
- 12 Cross Border Commercial Surrogacy
- 13 Maternal Mortality and Human Rights
- 14 Disability, Human Rights, and Global Health
- 15 What Can Human Rights Do for Women’s Health?
- 16 Uvulectomy, Children’s Rights and Public Health Challenges in Chad
- 17 Adding Nonideal Agents to Work Out a Pending Debt
- 18 Global Ageing
- 19 Libertarian Paternalism and Public Health Nudges
- 20 Interrogation Medicine?
- 21 Global Health, Law, and Ethics
- 22 International Human Rights Laws and Principles
- 23 Exposing the Limits of the Law?
- 24 Global Health Law Norms
- 25 Global Health Law
- 26 Environmental Sustainability and Global Health Law
- 27 Bridging the Health/Law Divide in Global Health Law
- 28 International Law and Global Health
- 29 Competition and Cooperation in Global Health Governance
- 30 The Interlocking World of Global Health Governance
- 31 Mission (Im)possible?
- 32 Policy Space for Health in the Context of Emerging European Trade Policies
- 33 An Agenda for Normative Policy Analysis in the Study of Global Health Governance
- 34 The Contributions of Science and Politics to Global Food Safety Law
- Index
