The Right to Health with Emphasis to Access to Medicine in the International Law

This study aimed to explore the right to access to medicine, i.e., that is necessary to the right to health, with the investigation through investigating the Agreement on Trade–Related Aspects of Intellectual Property Rights (TRIPS Agreement) and international measures that have been fulfilled in this way, accomplished. This study focused on performed achieved international measures on the right of access to medicine as a foundational human right.

This descriptive study was conducted employing library researching. Given the TRIPS agreement, the provisions and exceptions that were considered for the priority of hygiene and health, the importance of the category of right to access to medicine, and the international measures that have been fulfilled, were studied. Accordingly, a distinctive manner of granting to a compulsory license for the production and sales of medicine was amended, and the right to access to medication was protected.

The obtained data suggested that despite the emphasis in the TRIPS agreement on hygiene and health in the effect and fallowing of advocates of human rights based on the Doha Declaration, the TRIPS agreement was amended and the Article 31bis was annexed to it.

The results indicated that the human rights aspect of the right to access to medicine is prior to the economic issue of the intellectual property of pharmaceutical innovators. Moreover, this right, as a right, i.e., necessary for the bio psychological health of humans, could be considered and be publicly demanded.