Assessing the Role of Non-State Actors in Enhancing Access to Medicines: Insights from Selected African Countries

Author: Bhavna Mahadew

ISSN: 2521-2605
Affiliations: University of Technology, Mauritius
Source: Journal of Comparative Law in Africa, Volume 13 Issue 1, p. 90-121
https://doi.org/10.47348/JCLA/v13/i1a4

Abstract

Each nation has the duty to make medicine accessible to their citizens. The World Health Organisation’s (WHO) contribution in this field has been remarkable with the introduction of an Essential Medicine List. Compared to some decades back, today non-State actors have a high presence in the global sphere. In this article analysis will be made on the contribution of non-State actors in the field of medicine. However, light will be also brought as to whether they have been a hindrance in nations’ quest for access to essential medicine as a component of an important human right — that is the right to health. Equally important, the legal definition of non-State actors will be scrutinised. Then, an in-depth view of the normative and legal framework on access to essential medicine will be provided. In this phase, international and regional instruments with respect to the right to health will be analysed. The analysis will examine the role of non-State actors, governments, international bodies, and regional bodies in enhancing or impeded access to medicines in African jurisdictions and provide recommendations for stakeholders to uphold health rights.