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ПРОБЛЕМЫ ОБЕСПЕЧЕНИЯ МЕЖДУНАРОДНО-ПРАВОВЫХ ГАРАНТИЙ В СФЕРЕ ОХРАНЫ ЗДОРОВЬЯ ЧЕЛОВЕКА В УСЛОВИЯХ ПАНДЕМИИ COVID-19
The coronavirus pandemic has become the biggest challenge to humanity over the whole
century, exposing a number of systemic issues in the field of human health, both at the
national and international levels. The catastrophic burden on health care facilities, coupled
with the rapid growth in the need to provide health technologies, has increased the incidence
of restrictions and discrimination in access to health care and medicines, especially in the
developing world. The need to maintain balance between interests of healthcare technology
companies and needs of the individual, is clearly seen since the unification of international
legal mechanisms of intellectual property rights protection, and is being discussed with
renewed interest in the context of the rapid growth of vaccines cost and other medicines for the
treatment of COVID-19. In the article the authors analyze the international legal foundations of
the right to the highest attainable level of health, formulated in acts of a universal and regional
nature, as well as acts adopted by specialized international organizations. Particular attention
is focused on analysis of vulnerable populations health protection, in the context of the
growing negative consequences of the pandemic spread. Authors highlight the vulnerability
of health workers to infectious pandemics, which increases potential barriers to ensuring the
right to health among the entire population. The paper establishes the relationship between
ensuring the protection of human health and the implementation of other fundamental
human rights affected by the spread of the virus, such as the right to food, the right to water
and sanitation. In the context of a significant increase in the problem of restricting access to
health technologies, the article justifies need for rational application of norms in the field of
intellectual property rights protection to ensure execution of the right to the highest attainable
standard of health. The authors analyzed the international legal mechanisms aimed at
expanding access to vital healthcare technologies in emergency situations. The article draws
attention to the various forms of illegal activity, which dramatically rises under the influence of
medical products shortages and significantly limits exercising human rights.