Nature of the Case
Lawsuit challenging Minister of Health decree 373/2009 establishing a new pricing system which constitutes a violation of the right to access medicines; Right to Health; Domestic Application of International Law.
Tuesday, July 27, 2010
Enforcement of the Decision and Outcomes
The Ministry of Health has appealed the lower court’s decision, and the appeal is now pending before the Supreme Court of Administrative Justice. EIPR has reported that access to Ministry of Health officials before the court decision had been difficult; the Assistant Ministry of Health for Pharmaceuticals has consistently denied their request for a meeting and for information. After the decision the Assistant Minister met with EIPR and expressed interest in cooperating with civil society in future research on the subject-matter. Ministry of Health officials have also confirmed that they are no longer pricing medicines based on the suspended decree.
Significance of the Case
This case was the first to contest the national drug pricing system and question the accessibility and affordability of medicines in Egypt under the system. It was also the first to argue for a rights-based approach to implementing such a policy and system. Furthermore, human rights NGOs in Egypt have traditionally not been engaged on access to medicines issues, so it was important to shed light on this neglected area. Finally, the Court confirmed the intricate link between what it called the “health security” of the individuals with their rights to access medicines which should be an integral component in designing drug pricing systems.
Groups Involved in the Case
Egyptian Initiative for Personal Rights (EIPR) http://eipr.org/en/
Ruling
- Date of Ruling
- Tuesday, April 27, 2010
- Forum
- Court of Administrative Justice
- Forum Type
- domestic
- Countries
- Thematic Focus