Can cancer medicines be made affordable?

According to World Health Organisation Constitution, “enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being”. Meaning, no one should have to take out a mortgage in order to deal with a health calamity.

Cancer treatment is one area where the cost of treatment is daunting for the majority of the population, particularly in low and middle income countries. They often have to pay for treatment through borrowings, sale of assets or the kindness of complete strangers. A report by the WHO highlighted that the cost of a course of standard treatment for early stage breast cancer would be equivalent of up to 10 years of average annual wages in India. The cost associated with other medical and other supportive care makes it even more unaffordable.

Catastrophic cost can have an impact on survival rates, in turn jeopardising the right to live with dignity. For example the five-year survival rate for breast cancer in South Africa is 45%. In contrast, in high income countries it’s around 90%.

Pharmaceutical giants cite that they spend over 3 Billion USD in bringing a new molecule into the market, and they must recoup this amount in order to stay in the market. The WHO report mentioned above observed that spending on research and development may bear little to no relationship with how pharmaceutical companies set medicine prices. Intellectual property right protection also helps these companies sustain their high profit margins, besides allowing them to exercise monopoly control over their products.

The Supreme Court of India has interpreted the right to life as the most precious human right. The Court has, in several judgments, interpreted the right to health as an extension of the right to life under Article 21 of the Indian Constitution.

An effective strategy for India may be to authorize Indian companies to domestically produce high priced cancer medicines. Granting Compulsory Licences (CL) in keeping with Sections 84 and 92 of the Parents Act is a way forward. The government can invoke provisions of Section 100 of the Patent Act, which empowers it to authorize any entity to use a patented invention without the authorization of the patent holder.

Perhaps other countries too can take similar measures to ensure the right to health for their people.