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We challenge the assertion made by Govind Persad and Ezekiel Emanuel (Aug 27, p 932) that “expanding access to less effective or more toxic [antiretroviral] treatments rather than requiring the worldwide best treatment in all settings” is ethically justifiable.
2020
The provision of effective antiretroviral therapy is an ethical imperative, and global access to antiretroviral drugs is an important aspect of this. The other less recognised aspect of effective HIV management is in ensuring that HIV does not become resistant to the drugs used in treatment (and increasingly also in prevention), as multi-drug resistant HIV poses a major threat to the sustainability of current responses to HIV control. In resource-constrained environments, the rapid scale up of access to life-saving anti-HIV treatment was achieved using a public health approach that standardised antiretroviral regimens, minimised laboratory monitoring, and devolved responsibilities from clinicians where necessary. In recent years demand for antiretroviral treatment has increased due to new understandings of the clinical importance of early treatment, but global investment has declined. Exponential growth of the population using antiretrovirals without careful monitoring increases the...
BMC international health and human rights, 2010
Background: Recent evidence from developed and developing countries shows clear clinical and public health benefit to starting antiretroviral therapy (ART) earlier. While discussions about when to start ART have often focused on the clinical risks and benefits, the main issue is one of fair limit-setting. We applied a human rights framework to assess a policy of early treatment initiation according to the following criteria: public-health purpose; likely effectiveness; specificity; human rights burdens and benefits; potential for less restrictive approaches; and fair administration.
Health and Human Rights, 2015
Recent years have seen significant advances in the science of using antiretroviral medicines (ARVs) to fight HIV. Where not long ago ARVs were used late in disease to prevent sick people from dying, today people living with HIV can use ARVs to achieve viral suppression early in the course of disease. This article reviews the mounting new scientific evidence of major clinical and prevention ARV benefits. This has changed the logic of the AIDS response, eliminating competition between "treatment" and "prevention" and encouraging early initiation of treatment for individual and public health benefit. These breakthroughs have implications for the health-related human rights duties of States. With medical advance, the "highest attainable standard" of health has taken a leap, and with it the rights obligations of States. We argue that access to early treatment for all is now a core State obligation and restricting access to, or failing to provide accurate information about, it violates both individual and collective rights. In a context of real political and technical challenges, however, in this article we review the policy implications of evolving human rights obligations given the new science. National and international legal standards require action on budget, health and intellectual property policy, which we outline.
UC Davis L. Rev., 2006
along the lines we propose may increase the potential for future economic gains for citizens of developed countries. A third argument in the same family is that not only will increased prosperity in the South have economic benefits for the North, it may also go some distance toward addressing a prominent social issue: immigration. Reducing misery in the South would likely ease immigration pressures on the countries of the North. Finally, eliminating one of the causes of underdevelopment in the South might reduce the threats that the residents of the North face either from spreading regional instabilities or from terrorism. The former concern, flagged by the World Health Organization's ("WHO") Commission on Macroeconomics and Health, 11 appears to have underlain then-Secretary of State Colin Powell's declaration in 2001 that the AIDS crisis in Africa "is a national security problem" for the United States. 12 Regarding the latter, although poverty is plainly not sufficient to cause terrorism, it may increase its incidence. In the formulation of economist Branko Milanovic, if it is the case that "resentment breeds terrorism," then we should be concerned about impoverishment, which may breed resentment. 13 Arguments of this type have frequently figured in the debate over global health policy and will likely continue to do so in the future. It must be admitted, however, that none is especially powerful. Northerners who wish merely to protect their own health in the most cost-effective way should probably adopt quarantine systems or requirements that visitors or immigrants to their own countries show that they have received appropriate vaccines and are not infected with any of the diseases in question. More harshly, self-interest might argue against providing life-sustaining treatments (e.g., anti-retroviral drugs for AIDS) to developing country residents on the ground that keeping infected and contagious people alive only increases the hazard to "us." And the causal connections on which each of the other considerations rests are admittedly speculative. For meaningful MACROECONOMICS AND HEALTH: INVESTING IN HEALTH FOR ECONOMIC DEVELOPMENT 21-40 (2001). 11 Id. at 28. 12 This Week (ABC-Television News broadcast Feb. 4, 2001) (interviewing Colin Powell). We thank Derek Bambauer for drawing our attention to this statement. 13 Quoted in Larry Elliott & Charlotte Denny, Top 1% Earn as Much as the Poorest 57%, GUARDIAN (London), Jan. 18, 2002, at 21. Milanovic's full statement was: "Should [rising global inequality] be of concern to the rich? Perhaps, if we believe that wide income gaps lead to immigration and resentment breeds terrorism. For ultimately, the rich may have to live in gated communities while the poor roam the world outside those few enclaves." Id.
2006
This paper examines ways that moral considerations come to bear on HIV/AIDS care and treatment in limited resource countries. We highlight various ethical issues that relate to access to antiretroviral therapy within limited resource countries as well as some of the questions that HIV/AIDS treatment programme managers have to think about when designing HIV/AIDS treatment programmes in limited resource countries in order to ensure fairness in terms of access to treatment. The paper includes recommendations on how to increase access to antiretroviral therapy in limited resource countries and how to overcome or minimise some of the ethical problems relating to access to care.
2005
This paper examines ways that moral considerations come to bear on HIV/AIDS care and treatment in limited resource countries. We highlight various ethical issues that relate to access to antiretroviral therapy within limited resource countries as well as some of the questions that HIV/AIDS treatment programme managers have to think about when designing HIV/AIDS treatment programmes in limited resource countries in order to ensure fairness in terms of access to treatment. The paper includes recommendations on how to increase access to antiretroviral therapy in limited resource countries and how to overcome or minimise some of the ethical problems relating to access to care.
2014
Dissertation supervised by Gerard Magill, PhD The pandemic nature of HIV/AIDS in developing countries engenders global health emergency which establishes the urgent need to address the issue of affordable access to anti-retroviral drugs in developing countries. The dissertation discusses an ethical justification for post-trial access to anti-retroviral drugs for participants and host populations in developing countries within the context of global justice, stressing the combination of national and global responsibilities in realizing this objective. Drawing on the strengths of Rawls's statist and Pogge's cosmopolitan theories and on the International Human Rights Law, the dissertation proposes a paradigm of Global Health Justice involving a sliding scale of national and global responsibilities for the realization of the right to health in general and access to drugs in particular. xi B.2.b.i. Language Barriers and Lower Level of
Clinical pharmacology and therapeutics, 2007
Pharmaceuticals are one of the cornerstones of human development as their rational consumption can reduce morbidity and mortality rates and enhance the quality of life. Pharmaceuticals have curative and therapeutic qualities, so they cannot be considered as ordinary products. In line with this, ensuring public policy fosters access to medicines demands thoughtful and careful consideration, as it is often about whether a patient lives or dies. Despite the flow of international aid for pharmaceuticals, particularly used for the treatment of HIV/AIDS, tuberculosis, and malaria, there is a morally concerning drug gap globally; the World Health Organization (WHO) notes that one-third of the global population lacks regular access to essential medicines and that in some parts of Asia and Africa these figures are even more severe.(1) But what is troubling is that, despite the knowledge that we live in a world with inequitable access to medicines, we have not examined how we need to put in p...
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