Human Rights Obligations of Drug Companies Presented by: Mrs. Shanklin Date: 10 February 2021 The Questions - Do pharmaceutical corporations have human- rights responsibilities to make medicines available to poor communities? - If so, what gives them these responsibilities and what are their strength? Our Findings - Pharmaceutical companies have moral obligations not to interfere with Member States' obligations to provide access to Essential Medicines (EM). - UN UDHR: there is a human right to medical care - UN Guiding Principles on BHR, "Ruggie": - • Member States: obligated to protect & to remedy HR violations • Businesses: responsible to respect-prevent and mitigate HR violations UN Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines, "Hunt": • Member States: obligated to make EM available to poor communities • Businesses: responsible to help Member States fulfill HR obligations • (2a-b) + (3a-b) → to fulfill that responsibility businesses are required not to interfere with Member States obligations to make EM accessible to poor communities A Moral Argument - Pharmaceutical companies have moral duties to act in socially responsible ways, in the home and host countries within which they operate. • Corporations' existence is made possible by society-the two have not just legal, but social, contracts • Multinational businesses thus enjoy various rights and privileges, in both home and host countries • In return, corporations are accountable to society-they have contractual moral duties to operate in a ways that benefit society Challenges & Some Solutions - Despite UN-derived obligations & requirements, limited enforceability + moral shortcomings - Competing responsibilities: duties to return profit & necessity to reward innovation vs. HR - Ways for companies to fulfill responsibilities & requirements • Donations through multi-stakeholder initiatives • Differential pricing • Relaxation of patent-rights (esp. in global south) Moderna - In addition to receiving more than a billion dollars in federal support, Moderna recently entered into a separate supply agreement with USG for 100 million - 500 million doses (worth up to $8 billion) - Charging $32-37 per dose in low-volume agreements The Plan - Mobilize the world to think more boldly - Share the vaccine recipe - Build manufacturing capacity