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Access to Medicines and the Rhetoric of Responsibility
Published online by Cambridge University Press: 28 September 2012
Abstract
There is no cure or vaccine for HIV/AIDS. The only life-prolonging treatment available is antiretroviral (ARV) therapy. WHO estimates, however, that less than 5 percent of those who require treatment in developing countries currently enjoy access to these medicines. In Africa fewer than 50,000 people–less than 2 percent of the people in need–currently receive ARV therapy. These facts have elicited strongly divergent reactions, and views about the appropriate response to this crisis have varied widely.
The intensity of the debate concerning access to life-prolonging medicines for the treatment of HIV/AIDS, and the heated rhetoric with which they are often conducted, suggest that these disagreements may be rooted in deeper disagreements of value. It is not obvious, however, what disagreements of value are at stake in this debate. By analyzing the statements of scholars, public officials, activist organizations, and private sector representatives, each of whom may endorse very different policy recommendations on access to HIV/AIDS drugs, we have identified and created a typology of the different sources of disagreement in the debate. We conclude that the central disagreements concerning access to medicines arise from competing understandings of how responsibilities for bringing remedy to hardships should be allocated to different agents and institutions. A central lesson that emerges from our analysis is that thinking about “health equity” must extend beyond the explanation and justification of goals, values, and ideals, and engage more honestly with the difficult question of how responsibilities for bringing remedy to health crises should be allocated in complex social contexts.
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- Copyright © Carnegie Council for Ethics in International Affairs 2002
References
2 Mark Weisbrot, “A Prescription for Scandal,”Baltimore Sun, March 21, 2001, p. A17.
3 Quoted in Thomas L. Friedman, “It Takes A Village,”New York Times, April 21, 2001, p. A25.
3 Zuger, Abigail Beyond Temporary Miracles New York Times July 16, 2002p.F5Google Scholar.
4 Epstein, HelenChen, Lincoln Can AIDS Be Stopped New York Review of Books March 14, 2002 2931Google Scholar.
5 For a discussion of the limitations of the rights idiom with respect to health, see O'Neill's, Onoracontribution to this section Public Health or Clinical Ethics: Thinking beyond Borders 3545Google Scholar.
6 It is, of course, sometimes the case that public statements are made dishonestly, inconsistently, and in bad faith. Our analysis nevertheless takes these statements at face value. We have done so not only because this debate is already characterized by a lack of trust among participants, but also because identifying the broader commitments that are often implicit in public statements may help to identify their authors' dishonesty, inconsistency, and bad faith.
7 Indeed, the debate is not rooted in disagreements that have been the focus of much recent writing on health equity, such as: the legitimate scope of moral concern (e.g., all persons, groups, compatriots, or community members); whether we should focus on access to healthcare resources, health outcomes, or opportunities for health; and distributive considerations (e.g., whether one ought to use sum-ranking, maximin, or some indicator of inequality as an interpersonal aggregation function for assessing the fairness the current situation).
8 See Miller, DavidDistributing Responsibilities Journal of Political Philosophy 2001 9 no. 4453–71CrossRefGoogle Scholar.
9 See, e.g., Harris, Paul GSiplon, PatriciaInternational Obligation and Human Health: Evolving Responses to HIV/AIDS Ethics & International Affairs 2001 15 no. 22954CrossRefGoogle Scholar.
10 Pharmaceutical Research and Manufacturers of America Pharmaceutical Industry Primer 2001: A Century of Progress 2001 Washington, D.C.Pharmaceutical Research and Manufacturers of Americap.10Google Scholar; available at http://www.phrma.org/publications/01-192PhRMAdProfPrimer.pdf.
11 Achmat, ZackieCommentary: Most South Africans Cannot Afford Anti-HIV Drugs British Medical JournalSeptember 2002 324 no. 7331214–18Google ScholarPubMed.
12 Quoted in GumisaiMutume “Africa Shuns U.S. Move Allowing Access to Cheaper AIDS Drugs,” Inter Press Service, July 26, 2000; available at http://www.aegis.com/news/ips/2000/IP000713.html.
13 See Pogge, Thomas WWorld Poverty and Human Rights 2002 CambridgePolity Press 127–29Google Scholar.
14 See, for example, Brock, Dan WSome Questions about the Moral Responsibilities of Drug Companies in Developing Countries Developing World Bioethics 2001 1 no. 13337CrossRefGoogle ScholarPubMed.
15 Sullivan, Andrew Profit of Doom New Republic March 26, 2001available athttp://www.tnr.com/032601/trb032601.htmlGoogle Scholar.
16 More significant, perhaps, is the threat of being put on the Special 301 watch list of countries whose trade practices the United States dislikes and is considering placing under sanctions. Several authors have claimed that it is bilateral pressures outside the WTO that have been most constraining to the trade-related policies of developing countries. See Correa, CarlosThe TRIPS Agreement: How Much Room to Maneuver?” Journal of Human Development 2001 2 no. 1CrossRefGoogle Scholar; and Ryan, Michael PKnowledge Diplomacy: Global Competition and the Politics of Intellectual Property 1998 Washington, D.C.Brookings Institution PressGoogle Scholar).
17 Harris, Siplon, International Obligation and Human Health p.43Google Scholar.
18 Morin, RichardDeane, Claudia Americans on AIDS in Africa: Help and Discipline Needed Washington Post July 6, 2002p.A3Google Scholar.
19 See Oxfam's report on GlaxoSmithKline, which documents meetings company executives attended as part of the TRIPS negotiation process, as well as personal and professional conflicts of interest of both government officials and corporate employees. Oxfam, “Dare to Lead: Public Health and Company Wealth” (Oxfam briefing paper, London, 2001); available at http://www.oxfam.org.uk/cutthecost/downloads/dare.pdf. See also Ryan, Knowledge Diplomacy.
20 Oxfam, “Patent Injustice: How the World Trade Rules Threaten the Health of Poor People” (Oxfam briefing paper, London, 2001); available at http://www.oxfam.org.uk/cutthecost/downloads/patent.pdf.
21 Commission on Macroeconomics and Health Macroeconomics and Health: Investing in Health for Economic Development 2001 GenevaWorld Health OrganizationGoogle Scholar); also available at http://www3.who.int/whosis/cmh/cmh_report/report.cfm?path=cmh,cmh_report&language=English.
22 Holmer, Alan F President's Message in PhRMA 2001-2002 Annual Report 2002 Washington, D.C.Pharmaceutical Research and Manufacturers of Americap.6Google Scholar; available at http://www.phrma.org/publications/publications/annual2001/phrma_annreport2001.pdf.
23 Miller refers to this as the “community” principle. Miller, Distributing Responsibilities p.462Google Scholar.
24 Berwick, Donald M We All Have AIDS Washington Post June 26, 2001p.A17Google Scholar.
25 Quoted in Berwick, Donald M‘We All Have AIDS’: Case for Reducing the Cost of HIV Drugs to Zero Bntish Medical Journal 2002 324 no. 7331214–18CrossRefGoogle Scholar.
26 Diamond, John Hyde: Boost AIDS Funds across Africa Chicago Tribune June 7, 2001p.18Google Scholar.
27 For discussion of this claim, see Scheffler, SamuelBoundaries and Allegiances 2001 New YorkOxford University Press 5885Google Scholar; and Pogge, World Poverty and Human Rights.
28 Scheffler, Boundaries and Allegiances p.4Google Scholar
29 Berwick, We All Have AIDS’: Case for Reducing the Cost of HIV Drugs to Zero p.215Google Scholar.
30 Sykes, RichardCommentary: The Reality of Treating HIV and AIDS in Poor Countries British Medical JournalSeptember 2002 324 no. 7331p.216Google ScholarPubMed.
31 Selgelid, Michael JSchuklenk, UdoLetter to the Editor: Do Patents Prevent Access to Drugs for HIV in Developing Countries Journal of the American Medical AssociationSeptember 2002 287 no. 7p.842Google Scholar. See also, Consumer Project on Technology, “Comment on the Attaran/Gillespie-White and PhRMA Surveys of Patents on Antiretroviral Drugs in Africa,” October 17, 2001. Available at http://www.cptech.org/ip/health/africa/dopatentsmatterinafrica.html.
32 For discussion, see Honore, A M Causation in the Law 2001 in Stanford Online Encyclopedia of Philosophy electronic editionGoogle Scholar), available at http://plato.stanford.edu/entries/causation-law; and Wright, Richard GOnce More into the Bramble Bush: Duty, Causal Contribution and the Extent of Legal Responsibility Vanderbilt Law Review 54 no. 320011071–132Google Scholar.
33 Harris, Siplon, “International Obligation and Human Health” p.34Google Scholar.
34 Miller, “Distributing Responsibilities,” pp. 460–61. As Miller points out, views of this kind may be sensitive both to the efficiency of different agents and institutions in bringing remedy and to the cost to these agents of doing so. See also Shue, HenryMediating Duties Ethics 1988 98 no. 4687704CrossRefGoogle Scholar.
35 Faisal Islam and Nick Mathiason, “Brown; Let Africa Have Cheap Drugs,” Observer, online edition, April 15, 2001; available at http://www.observer.co.uk/business/story/0,6903,473190,00.html.
36 Ibid.Google Scholar
37 For discussion, see Miller, “Distributing Responsibilities”; and Barry, ChristianErskine, Toni Global Justice: Aims, Arrangements, and Responsibilities in Can Institutions Have Duties 2002 BasingstokePal-graveGoogle Scholar).
38 Berwick, We All Have AIDS p.A17Google Scholar.
39 Goldberg, Robert M Fight AIDS with Reason, Not Rhetoric Wall Street Journal April 23, 2001p.A22Google Scholar.
40 Peter Piot, “Keeping the Promise” (speech given at the XIV International AIDS Conference, Barcelona, July 7, 2002); available at http://www.unaids.org/whatsnew/speeches/eng/2002/Piot070702Barcelona.html.
41 PhRMA Pharmaceutical Industry Primer 2001 p.4Google Scholar.
42 Oxfam, “Implausible Denial: Why the Drug Giants' Arguments on Patents Don't Stack Up” (Oxfam Policy Paper, London, 2001); available at http://www.oxfam.org.uk/policy/papers/trips/trips2.htm.
43 James Love made this proposal in UNDP, Human Development Report 2001, p. 108.
44 PhRMA, “PhRMA Statement on Kenya Industrial Property Bill for 2001” (mimeograph presented to Kate Raworth by Susan Kling Finston, Assistant Vice President for Intellectual Property and Middle East/Africa Affairs, PhRMA, June 2001).
45 Khor, MartinRethinking IPRs and the TRIPS Agreement 2001working paper no. 1, International Property Rights Series, Third World Network, Penang, Malaysiap.5Google Scholar.
46 This phrase is adapted from “default duties,” which was coined by Henry Shue in another context. For related discussions, see Murphy, LiamMoral Demands in Non-Ideal Theory 2000 New YorkOxford University PressGoogle Scholar).
47 For discussion, see Beitz, CharlesPolitical Theory and International Relations 1999 rev. ed.PrincetonPrinceton University PressGoogle Scholar); Steiner, HillelAn Essay on Rights 1994 OxfordBlackwellGoogle Scholar), esp. pp. 260–75; and Thomas W. Pogge, World Poverty and Human Rights.
48 Cohen, G ARyan, Alan Capitalism, the Proletarian and Freedom in The Idea of Freedom 1982 New YorkOxford University Pressp.14Google Scholar.
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