individuals within society".
32.
Ms. Trehan also stated that in the case of Niteki vs. Poland
(Application No.65653/2001), The European Court of Human Rights
dismissed an application filed by a man suffering from Lou Gehrig's Disease
wherein the patient had challenged the requirement to pay for 30% of the
treatment cost, while the State funded 70% of the treatment. The Court
found that there was nothing wrong in the policy requiring a 30% co-pay
and observed that often difficult choices had to be made by States when
determining the allocation of scarce resources.
33.
Ms. Trehan further stated that the healthcare sector was grossly under-
served and the supply and accessibility of various drugs, implants and
devices was well short of the desired level. It was therefore a priority to
attract CSR donations to the healthcare sector, both in cash and kind.
SUGGESTIONS ON BEHALF OF MR. ANAND GROVER, SENIOR
ADVOCATE
34.
Mr. Anand Grover, learned senior counsel who takes active interest in
pharmaceutical matters stated that as India had signed and ratified the
International Covenant of Economical, Social and Cultural Rights
(ICESCR), it was duty bound to fulfil its international legal obligations
under the said treaty.
35.
Mr. Grover submitted that States are required to adopt and implement
a public health strategy and plan of action that reflects the epidemiological
burden of disease that not only addresses major disease burdens but also the
health concerns of the whole population. Therefore, according to him, even
if a small percentage of the population had a life-threatening condition there
W.P.(C) 7279/2013
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