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7 - Human Rights Implications of Pathogen Sharing and Technology Transfer

from Part II - Health Security, Research Ethics, and Human Rights Implications

Published online by Cambridge University Press:  15 May 2020

Sam F. Halabi
Affiliation:
University of Missouri-Columbia School of Law
Rebecca Katz
Affiliation:
Georgetown University Center for Global Health Science and Security
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Summary

Chapter 7 analyzes the human right to the highest attainable standard of health, as the World Health Organization Constitution articulates it, as requiring both that scientific sharing for biomedical advances take place but also that the benefits of research must be distributed so as to ensure that humans have access to essential medicines. The right to science also seeks to ensure access to the benefits that arise from scientific research and its applications. These discussions are contextualized within the broader colonial histories of both global health and international law and recommends contextualizing both access to pathogens and the sharing of benefits within human rights obligations of states in a manner that is cohesive, and non-fragmented, with other international agreements, including the International Health Regulations and the Nagoya Protocol.

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Chapter
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Viral Sovereignty and Technology Transfer
The Changing Global System for Sharing Pathogens for Public Health Research
, pp. 120 - 134
Publisher: Cambridge University Press
Print publication year: 2020

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