PHM-Exch> Kenyan Court Upholds Right to Access Affordable Medicines

[Claudio Schuftan]

From: Daniela Ikawa <dikawa at escr-net.org>

Kenyan Court Upholds Right to Access Affordable
Medicines<https://go.madmimi.com/redirects/1362155665-976a62d5a52e1725c282f41b2a8aa05d-c94eed6?pa=367868866961088482>
Patricia
Asero Ochieng and Two Others v. the Attorney General & Another High Court
of Kenya, April 20, 2012
------------------------------

In April 2012, Kenya’s High Court issued a landmark judgment on access to
generic medicines. In a major victory for the AIDS Law Project involved in
the case, the Court held that Kenya’s Anti-Counterfeit Act of 2008 violated
the right to life, human dignity and health because it restricted access to
affordable generic medicines. The decision was the result of three years of
legal challenges to the Anti-Counterfeit Act. The petitioners in the case,
Kenyan citizens using generic anti-retroviral medications, together with
the AIDS Law Project as an interested party, argued that the Act equated
generic drugs with counterfeit medicine and consequently threatened access
to affordable treatment in Kenya (Articles 26(1), 28 and 43 of the
Constitution and article 12 of the ICESCR).

The judgment is vital for millions of people in Kenya who rely on generic
drugs for their daily survival. This case also sets an important precedent
for other countries currently considering legislation on generic medicines.

For more information, please access the case summary, the decision and
other related documents at
http://www.escr-net.org/node/365108<https://go.madmimi.com/redirects/1362155665-0f744b902abd3ea11bfe9f3a32c6c96a-c94eed6?pa=367868866961088482>or
contact Daniela Ikawa (
dikawa at escr-net.org).
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