기후변화에 따른 건강영향과 의약품 접근권의 보장에 관한 연구

There is a need for greater access and greater realization of access to medicines due to the varying risks of climate change on human health. Under this backdrop, this paper studies the right to access to medicines. At the international level, the right to access to medicines has been established in the context of the International Human Rights Law, International Climate Change Law, and the WTO/TRIPS Agreement. In the International Human Rights law, the right to access to medicines from health rights, which is indispensable human rights for the guarantee of other human rights, has been derived and established. The Paris Agreement on Climate Change explicitly mentions the right to health in the preamble. Under the WTO/TRIPS Agreement, however, the right to access to medicines is limited due to patent protection of pharmaceuticals. In order to improve the availability and affordability of medicines by lowering the price, the compulsory license of Article 31bis of TRIPS Agreement, which is now formally a provision of the TRIPS Agreement and exempts the restrictions on the general compulsory license of TRIPS Article 31, should be actively used. Delinkage between innovations and patent, which separates new pharmaceuticals from the patent protection and disconnects them to provide incentives other than patents as an incentive for innovation, can be an alternative for the improvement of the right to access to medicines.