Intellectual Property and Human Rights from a Cosmopolitan Liberal Perspective
Chapter 4: International Human Rights Law: A Second Tool?
4. International human rights law: a second tool?1 DO INTERNATIONAL HUMAN RIGHTS HELP OR HINDER THE REALISATION OF BENEFIT SHARING? INTRODUCTION The first part of the book set a theoretical framework to support equitable access to health, and more specifically distribution of genetic research benefits and resources to come. For this purpose, I argued for equal and universal consideration of every individual’s basic health needs in support of a rationale to secure equal opportunities for all on the global scene. The second part of the book is dedicated to the assessment of two normative systems using the parameters established by my theoretical framework. In the last chapter, I assessed the intellectual property law system. The purpose of this chapter is to determine if the basis, functioning, and conceptualisation of the existing international human rights (IHR) legal system, especially socio-economic rights, helps or obstructs the realisation of global distributive justice in health. I will start with a brief introduction to the system of IHR and its main philosophical foundations. The second part of this chapter will assess IHR law with reference to notions of equality, global distribution, and justice, once again using the standard of access. Finally, in the third and last part of this chapter, I will provide an analysis of how human rights are conceptualised through the reality of the market. 1 Sections of this chapter were inspired by previous work published in the International Journal of Human Rights (Louise Bernier, ‘International Socio Economic Human Rights: The Key...
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