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12 U. Mass. L. Rev. 2 (2017)

handle is hein.journals/sonengrs12 and id is 1 raw text is: 



Ur ass Law Review




The Ebola Virus Prevention and Human

Rights Implications



Florence Shu-Acquaye


12 U. MASS. L. REV. 2


ABSTRACT
The Ebola virus and its now infamous 2014 West African outbreak have constituted
the deadliest and most terrifying epidemic of recent memory. Not only does the
epidemic  now  cany  an already ghastly backdrop  in the public mind  when
discussions around it begin, but, like the AIDS epidemic, cultural practices have
contributed to the entrenchment of Ebola in Africa, compounded by weak human
rights laws and stigmatization, all of these factors having contributed to the multi-
faceted and complex nature of addressing the problem of eliminating this disease in
Africa. This article examines the African countries that have been plagued by the
recent outbreak, as well as the U.S. response to Ebola when brought to its shores. It
also considers the human rights implications that are invariably intertwined with the
prevention of Ebola, as well as the various ethical aspects that have surrounded the
response. The article further examines the possible extent to which sub-Saharan
African states may be able to leverage the flexibility of the so called Agreement on
Trade Related Aspects of Intellectual Property Rights (TRIPS) to provide access to
Ebola medical advances for their citizens. Lastly, this article will look at the Siracusa
Principles, which outlines the circumstances within which restriction of human rights
are justified, and will analyze the conduct of international responders, including the
African Union, the CDC, WHO, and others.

AUTHOR NOTE
LL.B  & D.E.A., University of Yaound6; LL.M. in International Law, Harvard Law
School; J.S.M. & J.S.D., Stanford Law School; Professor of Law, Shepard Broad
Law  Center of Nova Southeastern University. The author would like to thank and
recognize the assistance of her two research assistants: Mario Brito and Henry
Norwood.


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