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Pharmaceutical trade policies and access to medicines in Kenya
Thesis (LLD)--University of Pretoria, 2018.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2019
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| _version_ | 1867613501870047233 |
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| access_status_str | Open Access |
| author2 | Killander, Magnus |
| author_browse | Killander, Magnus |
| author_facet | Killander, Magnus |
| collection | Thesis |
| dc_rights_str_mv | © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2018. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/68334 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:09.691Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/68334 Pharmaceutical trade policies and access to medicines in Kenya Killander, Magnus magnus.killander@up.ac.za Ogendi, Paul Omondi Human rights impact assessment Access to medicines Right to health impact assessment Pharmaceutical trade policies TRIPs UCTD Thesis (LLD)--University of Pretoria, 2018. The implementation of the World Trade Organization (WTO) Trade Related Intellectual Property Rights (TRIPs) Agreement at the national level via pharmaceutical trade policies may adversely affect access to medicines especially in developing countries. Access to medicines is protected under many international and national instruments on the right to health including the International Covenant on Economic, Social and Cultural Rights, the African Charter on Human and Peoples’ Rights (African Charter) as well as the Constitution of Kenya, 2010. The right to health norms on access to medicines require the full and effective use of all TRIPs Agreement flexibilities by developing countries as confirmed by the Doha Declaration on the TRIPs Agreement and Public Health (Doha Declaration), 2001. In this regard, access to medicines is affected by failure to provide for all the TRIPs Agreement flexibilities in pharmaceutical trade policies as well as the incorporation of TRIPs plus standards in trade policies including bilateral and multilateral free trade agreements (FTAs). In order to identify and mitigate on the potential adverse impacts of pharmaceutical trade policies on access to medicines, the mechanism of human rights impact assessment (HRIA) is needed. The HRIA can resolve beforehand the adverse impacts of pharmaceutical trade policies on access to medicines. However, the implementation of the HRIA or specifically the right to health impact assessment (RHIA) mechanism by developing countries including Kenya is rare. This study therefore explores, using mixed methodologies including desktop literature review and expert interviews with selected trade policy makers in Kenya, how HRIA may be utilised by the government in order to resolve the potential adverse impacts of pharmaceutical trade policies on access to medicines. Centre for Human Rights LLD Unrestricted 2019-01-31T12:57:22Z 2019-01-31T12:57:22Z 2018-11-09 2018 Thesis Ogendi, PO 2018, Pharmaceutical trade policies and access to medicines in Kenya, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/68334> D2018 http://hdl.handle.net/2263/68334 en © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Human rights impact assessment Access to medicines Right to health impact assessment Pharmaceutical trade policies TRIPs UCTD Pharmaceutical trade policies and access to medicines in Kenya |
| title | Pharmaceutical trade policies and access to medicines in Kenya |
| title_full | Pharmaceutical trade policies and access to medicines in Kenya |
| title_fullStr | Pharmaceutical trade policies and access to medicines in Kenya |
| title_full_unstemmed | Pharmaceutical trade policies and access to medicines in Kenya |
| title_short | Pharmaceutical trade policies and access to medicines in Kenya |
| title_sort | pharmaceutical trade policies and access to medicines in kenya |
| topic | Human rights impact assessment Access to medicines Right to health impact assessment Pharmaceutical trade policies TRIPs UCTD |
| url | http://hdl.handle.net/2263/68334 |