ABSTRACT

The rollout of COVID-19 vaccines during the pandemic was noted to be a “parallel pandemic of human rights”, running neck to neck with the primary public health crisis, so much so that the production, distribution, and profiteering that followed the announcement of vaccines was satirically referred to as “vaccine nationalism”. Against the backdrop of the COVID-19 pandemic and its attendant vaccine inequality, this chapter examines the critical role of regional cooperation for low-income countries and the extent to which the existing international human rights laws provide a framework for equity in vaccine distribution. Given that the questions relating to access to vaccines sit at the intersection of intellectual property protection, public health, and human rights, the chapter examines the delicate balance between the private property rights of vaccine developers and the broader human rights of members of the public to vaccine access. It does this by appraising the decision on the proposed waiver of intellectual property rights for COVID-19 vaccines and treatments under the World Trade Organization's agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) during the pandemic. Ultimately, the chapter emphasises the necessity of regional coordination for future pandemic preparedness and argues for prioritising global public health needs over private interests during global health emergencies.