should be public health strategy and plan to address their treatment needs.
In other words, the Government can be directed to have a plan in place to
make medicines available for rare diseases, like Gaucher disease etc.
36.
Mr. Grover pointed out that the courts in Argentina have ordered the
State to ensure an uninterrupted supply of antiretroviral drugs to persons
with HIV/AIDS [See Supreme Court of Justice, Asociacion Benghalensis y
otros vs. Ministerio de Salud y Accion Social, case 323:1339, 1 June 2000],
to ensure the manufacturing of a vaccine against an endemic disease [See
Federal Administrative Court, Chamber IV, Viceconte, Mariela v. Estado
nacional - Ministerio de Salud y Accion Social slamparo ley 16.986, 2 June
1998], and to ensure the continued provision free of charge of a drug against
bone disease. [See Supreme Court of Justice, Campodonico de Beviacqua,
Ana Carina v. Ministerio de Salud y Accion Social - Secretaria de
Programas de Salud y Banco de Drogas Neoplasicas, 24 October 2000].
COURT’S REASONING
ORPHAN DRUGS
37.
This Court finds that the petitioner suffers from a disease/condition
which affects such small numbers of individuals that drugs for these
diseases/conditions are commonly referred to as "orphan drugs".
APPROACH OF DIFFERENT COUNTRIES TO ORPHAN DRUGS
38.
Various countries have adopted different policies to provide
affordable treatment to patients suffering from rare and chronic
diseases/conditions.
W.P.(C) 7279/2013
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