International Legal Guarantees for Access to Healthcare Technologies: Cultural and Religious Aspects

Abstract

The healthcare system of every country must maintain respect for cultural and religious differences and take into account traditional preventive measures and treatment methods, including various aspects of access to healthcare technologies. Neglecting cultural and religious characteristics in the provision of medical care is one of the most significant obstacles to protect the right to the highest attainable standard of health in context of emerging threats and challenges to human security. It emphasizes scholar and practical importance of research on this issue. The object of the study is the system of social relations formed in the sphere of the development, production, and application of healthcare technologies, regulated in accordance with religious requirements, as well as the principles of protecting traditional knowledge and genetic material. The aim of the study is to develop normative content of the human right to the highest attainable standard of health in the context of ensuring the protection of the rights of indigenous peoples and religious groups. The author argues the uncontrolled process of development, production, and use of herbal medicinal products, as well as other health technologies based on traditional knowledge, creates a number of challenges to human security and the protection of sovereign rights of states over their genetic resources. To counter this threat, the article outlines the main directions for developing special legal mechanisms to regulate access to traditional knowledge at the international and national levels. Proposals for forming a balanced approach to using intellectual property protection mechanisms are scientifically substantiated, aiming to safeguard rights of access to traditional knowledge and scientific developments derived from it. Acknowledging the importance of complying with religious requirements in the production of vaccines and other medicines used to combat infectious diseases, this aspect is recognized as an important element of national security for states. The article provides a list of recommendations aimed at improving the pharmaceutical and medical industries to ensure compliance with halal requirements.