The Center for Health, Human rights and Development(CEHURD) in partnership with Kenya Legal and Ethical Issues Network on HIV and AIDS (KELIN) and Aidsfonds conducted a study on the “Utilization of Flexibilities in the TRIPs Agreement to Advance Access to Medicines in Kenya and Uganda”
The Agreement on Trade-Related Intellectual Property Rights (TRIPs) set minimum standards for protection of intellectual property rights (IPRs) for all fields of technology, including the pharmaceutical sector. However, to limit the potential effects of strong IPR protection on access to medicines, the agreement provides for a set of flexibilities, including compulsory licensing, parallel importation, and a transition period during which least developed countries (LDCs) do not have to grant patents on pharmaceuticals.
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The SET-SRHR project (strengthening education and training in sexual and reproductive health and rights) regional conference held at Entebbe-Uganda, aimed at supporting and strengthening the interconnectedness of research, training, policy and practice in sexual and reproductive health and rights as well as strengthening networking and collaboration in SRHR practices.
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This case study is produced by the Centre for Human Rights and Development (CEHURD) in the theme work on health rights and law of the Regional Network for Equity in Health in East and Southern Africa (EQUINET). It examines how the right to health is enforced in Uganda, how it was implemented, and how health rights advocates have suggested the provision be constitutionally interpreted. It is a follow up on the results of work on the right to health that highlighted a need to do further studies in countries that do not have expressed provision on the rights to health.
The right to health is one of the fundamental rights for all human beings and several international and regional legislative instruments have been put in place to ensure the realization of this right globally and regionally. Following this guidance, the national level constitution mandates the state to promote, respect and fulfil this right by making provisions to observe health. Considering its supremacy, writing the text in the constitution is just as important as translating it into action. On its own, the constitution is not a practical guide for daily operations because it is full of general and abstract principles. Constitutional implementation is a process designed to ensure the full, effective and continuous application of a constitution by promoting, enforcing and safeguarding it. Failure to implement the provisions therein leaves its goal unattained, and if implementation is left to State leaders or officials, the objectives will not be met.
Family planning services and contraceptives are critical in the prevention of unintended pregnancies, miscarriages, unsafe abortions and maternal deaths. Hence, they improve the health of women and the overall well-being of families.
Over time, there has been commendable effort from Government of Uganda, with support from development partners, as well as non-government actors to ensure access to family planning goods and services. CEHURD commends all actors that are making a contribution towards the health and well-being of women and their families.
However, in spite of these efforts, contraceptive access and use in Uganda remains a major challenge. The reasons for the slow progress have been widely researched and documented. CEHURD, in partnership with Center for Reproductive Rights undertook a fact-finding exercise to collect experiences from women, men, service providers, program managers and policy makers with provision, access and utilization of contraceptives. This report summarizes the findings from this exercise.
