This article analyzes the structural tension between international intellectual property regimes and the human right to health. Core instruments, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), affirm the right to the highest attainable standard of health, yet significant inequalities in access to health care and essential medicines persist worldwide.

The article argues that this gap reflects prevailing macroeconomic conceptions of development that overlook individual well-being. Drawing on a capability-based framework, it contends that development must be assessed in terms of individuals’ substantive freedoms, particularly access to essential goods necessary for survival and dignity. Access to medicines is thus central to the realization of subsistence rights and broader human capabilities.

At the same time, international law protects the moral and material interests of creators, recognizing intellectual property as a legitimate entitlement. Patent regimes, however, may restrict the availability and affordability of life-saving pharmaceuticals, especially where demand is inelastic and states lack resources to subsidize high prices. This creates a normative and institutional tension between intellectual property protection and the right to health.