Health and the access to medicines: essential rights to be demanded from the State

Abstract

The issues concerning access to effective, safe and affordable medicines are usually approached by the authorities from an economic and sanitary viewpoint, without accounting for the social impact and the potential violations of human rights which occur when governments do not respond adequately to the needs of the population for health care, including the supply of medicines when these are required. In this regard, an assessment of the national situation should be carried out, with due consideration to the relationship between the actual access to medicines and the relevant legal rights. The existing norms are analyzed. The main features of the medicines market in Chile are described, particularly in regard to prices, expenditure and distortions. It is concluded that, notwithstanding the fact that important progress has taken place in the field of access to medicines in Chile, particularly after the implementation of Law 19 966, discrimination still exists regarding timely access to medicines, as a result of structural inequities and of the behavior of the pharmaceutical market.. A National Medicines Policy is being developed with the purpose of introducing the required regulations.