UN Rights Experts Call for Waiving Intellectual Property Rights on COVID-19 Vaccines and Treatments

Strategic Insights -

As the global community continues to grapple with the COVID-19 pandemic, the United Nations Committee on the Elimination of Racial Discrimination (CERD) has called on developed countries to forgo intellectual property rights on COVID-19 vaccines and treatments. This move is aimed at addressing the disproportionate impact of the pandemic on individuals and groups vulnerable to racial discrimination, particularly those of African or Asian descent, ethnic minorities, Roma communities, and Indigenous Peoples. The CERD experts urged States to incorporate a mechanism that commits governments to suspend intellectual property rights in a health crisis, to support poorer countries' healthcare capacity with resources, and to enable vaccines, relevant medicines, and other necessary equipment and supplies to be available to all.

Key Takeaways:

  • The CERD experts called on States in the global North to forgo intellectual property rights on COVID-19 vaccines and treatments in the name of human rights, citing the "persistent refusal" to waive these rights as a violation of non-discrimination guarantees under international human rights law.
  • The Committee highlighted the stark contrast between the high vaccination rates in developed countries (32% globally, but less than 1% in developing countries) and the devastating negative impacts of COVID-19 on vulnerable populations, including those of African or Asian descent, ethnic minorities, Roma communities, and Indigenous Peoples.
  • The CERD experts urged States to suspend intellectual property rights in a health crisis, citing the draft pandemic preparedness treaty currently under negotiation at the WHO.
  • The Committee is also preparing new guidance on racial discrimination and the enjoyment of the right to health, specifically highlighting the link between historical injustices of slavery and colonialism and the low level of attention paid to the health of marginalized communities.

Statistics:

  • 32% of the global population have received at least one COVID-19 booster (%)
  • Less than 1% of the population in developing countries like Gabon, Papua New Guinea, Burundi, and Madagascar have received at least one COVID-19 booster (%)
  • The COVID-19 pandemic has had a disproportionate impact on individuals and groups vulnerable to racial discrimination, particularly those of African or Asian descent, ethnic minorities, Roma communities, and Indigenous Peoples (%)
  • The draft pandemic preparedness treaty currently under negotiation at the WHO aims to establish a mechanism for suspending intellectual property rights in a health crisis (Source: WHO)

Sources:

  • United Nations Committee on the Elimination of Racial Discrimination (CERD)
  • United Nations World Health Organization (WHO)
  • Verene Shepherd, Chairperson of CERD