Problemáticas de la prohibición de publicidad directa de medicamentos con receta médica: descripción y recomendaciones

• Autor: Fernández Guerra, José Raúl
• Formato: tesis de maestría
• Fecha de Publicación: 2020
• Institución: Universidad de Lima
• Repositorio: ULIMA-Institucional
• Lenguaje: español
• OAI Identifier: oai:repositorio.ulima.edu.pe:20.500.12724/11353
• Enlace del recurso: https://hdl.handle.net/20.500.12724/11353; http://doi.org/10.26439/ulima.tesis/11353
• Nivel de acceso: acceso abierto
• Materia: Medicamentos; Accesibilidad de medicamentos; Publicidad; Medicines; Medicines accessibility; Advertising; https://purl.org/pe-repo/ocde/ford#5.05.00

We believe that the law, first and foremost, must reflect the vicissitudes of the reality in which one lives and that cannot exist as an “island disconnected” from it, this concept is nothing new, since it has been present in the work of great jurists like Friedrich Karl von Savigny, founder of the Historical School of Law. If we read the Universal Declaration of Human Rights, we will appreciate how the Right to Health is reflected in article 25 when it emphasizes that every person not only has the right to an adequate standard of living, but that the human being must already be assured your family, health and well-being, medical assistance and social services. For its part, WHO, since its establishment, has deepened in this concept, when it states that this fundamental right extends to achieving the “enjoyment of the maximum level of health that can be achieved”, which is reflected in many international agreements and agreements, Of which our country is a signatory. But in our reality, objectives such as the reduction of infant mortality, the treatment of endemic diseases, the assistance of adequate medical services, access to medicines without achieving the most vulnerable sectors at increasingly extreme levels of poverty, are some of the tasks in which much remains to be done. This right of the human being, becomes an ethereal value, but is integrated by two fundamental factors, on the one hand, granting the population a truly acceptable health service guaranteeing an “in crescendo” quality and on the other, access to necessary medicines that can mitigate the consequences, the damages and the suffering of the diseases that affect you. In order to be able to seek legal alternatives to this reality, we have found ourselves in the urgent need to scrutinize the type of information, so the bibliographic references of facts published by the press and national television abound, in the sole spirit of guaranteeing that immediate action is urgent and that they cannot limit themselves to norms without subsequent control, to attack one part of the problem leaving the other unscathed. If with this work we succeed, raise awareness of the need for the State to carry out and lead these tasks, in the face of “real access to generic medicines” and more rigorous regulations are promulgated on those who intend to profit even more from the Health of our people, we will really feel very rewarded.