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 Periodical article |
 Leiden University catalogue |
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| Title: | Taking human life seriously: protection of the right of access to malaria treatment in Uganda |
| Author: | Twinomugisha, Ben K. |
| Year: | 2009 |
| Periodical: | Journal of African and international law |
| Volume: | 2 |
| Issue: | 1 |
| Pages: | 161-200 |
| Language: | English |
| Geographic term: | Uganda |
| Subjects: | malaria access to health care social and economic rights |
| Abstract: | This article examines the policies, programmes and strategies related to the fight against malaria in Uganda, where the disease is endemic, with a view to assessing the extent to which they enhance or inhibit protection of the right to health generally, and the right of access to malaria treatment in particular. It also explores the modalities through which the relevant actors, including non-State actors, such as pharmaceutical companies, can be held accountable for violations of the right of access to malaria treatment. In successive sections the author outlines the nature, scope and content of the right of access to malaria treament; examines the legal and policy framework for malaria control in Uganda in the light of human rights standards; explores the juridical and other strategies that may be employed to enhance the promotion and protection of the right of access to malaria treatment in Uganda. He concludes that although Uganda has tried to provide access to malaria treatment, it has not met all its obligations as laid out in international instruments. Neither the Ugandan Constitution nor any legislation expressly provide for the right to health. The State must prioritize expenditure of internally generated funds towards the promotion and protection of the right to malaria treatment. It should devise appropriate mechanisms for utilizing the TRIPS flexibilities such as compulsory licensing and parallel importation in order to enhance access to medicines. Notes, ref. [ASC Leiden abstract] |