Vaccine Apartheid: A Human Rights Analysis of COVID-19 Vaccine Inequity (Initial SSRN Version from 2021)

Abstract

In this paper, we analyse vaccine inequity under international human rights law. In Part 1, we introduce the currently available COVID-19 vaccines, before discussing causes and consequences of vaccine inequity, as well as current efforts to expand global vaccine access. In Part 2, we turn to explain the relevant, including extraterritorial, obligations of states regarding human rights to health, life, and equitable access to the benefits of technology. In light of those obligations, we assess the human rights compatibility of the following circumstances which hinder and facilitate vaccine access: embargoes on vaccines; national procurement and vaccine hoarding; and vaccine aid. Part 2 concludes with a short discussion of the possible human rights responsibilities of the entities that own the vaccines, multinational pharmaceutical companies. In Part 3, we analyse proposals to waive global intellectual property rights in respect of COVID-19 vaccines, and whether assent to such a waiver is demanded under international human rights law. Part 4 concludes this paper.

An updated version of this paper is available on SSRN with the same title – the newer version has some differences in focus. Available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4232624.

Keywords: COVID, COVID-19, vaccination, vaccines, vaccine inequity, human rights, international human rights law, TRIPS, TRIPS waiver, intellectual property

JEL Classification: K33