Welsh Women Denied ‘Life-Changing’ Breast Cancer Drug: A Human Rights Perspective
In a disheartening development, women in Wales are being denied access to a potentially life-saving breast cancer drug, which can halt the spread of the disease. This decision has sparked outrage and concerns about the implications for human rights and equality under the law.
The Drug in Question
The drug, known for its efficacy in preventing the progression of advanced breast cancer, has been hailed as a “game-changer” by oncologists and patients alike. It works by targeting specific cancer cells, reducing the chance of metastasis, and thereby significantly improving the quality of life and survival rates for patients.
The Situation in Wales
Unlike in other parts of the UK, where this drug is available through the National Health Service (NHS), Welsh health authorities have yet to approve its routine use. This disparity has left many Welsh women feeling abandoned and desperate, forced to either seek expensive private treatment or forego the medication altogether.
Human Rights Concerns
The denial of this drug raises serious human rights issues. According to the European Convention on Human Rights, to which the UK is a signatory, everyone has the right to life and access to healthcare. By withholding a proven and effective treatment, the Welsh health system is potentially violating these rights.
Furthermore, Article 2 of the Human Rights Act 1998 enshrines the right to life, placing a duty on public authorities to take appropriate steps to safeguard lives. Denying access to this drug could be seen as a failure to uphold this duty, especially when the treatment is readily available elsewhere in the UK.
Equality Act 2010
The Equality Act 2010 aims to eliminate discrimination and promote equality of opportunity. The current situation may contravene this act, as it results in unequal access to essential healthcare based on geographic location. Women in Wales are at a distinct disadvantage compared to their counterparts in England, Scotland, and Northern Ireland, leading to health inequalities that are both unjust and avoidable.
The Way Forward
Campaigners are calling for immediate action to rectify this inequality. They argue that Welsh health authorities must prioritize the approval and funding of this drug to ensure that all women, regardless of where they live, have equal access to potentially life-saving treatments.
The NHS is Breaching Human Rights and Dignity:
- Denying life-saving treatment may violate a patient’s right to life and dignity.
- The European Convention on Human Rights recognizes the right to life (Article 2) and prohibits inhuman or degrading treatment (Article 3)
***Disclaimer*** Anyone being denied treatment or drugs due to costs, should consider getting legal advice, with the view to taking action.
Patients and advocacy groups are urging the Welsh government to:
- Expedite Approval: Accelerate the review and approval process for this drug to ensure it becomes available without further delay.
- Ensure Funding: Allocate necessary funds to make this treatment accessible through the NHS in Wales.
- Promote Awareness: Increase awareness among healthcare providers and patients about the availability and benefits of this drug.
Conclusion
The denial of a life-changing breast cancer drug to Welsh women highlights significant gaps in the healthcare system, raising critical issues related to human rights and equality. Addressing these concerns promptly is not only a matter of fairness but also a legal and moral imperative. Ensuring equal access to essential healthcare treatments is fundamental to upholding the principles of justice and human dignity.
Thousands of women in England and Wales are being denied access to a potentially life-saving breast cancer drug, which has been shown to reduce the risk of advanced cancer spreading by over a third. This revolutionary medication, Enhertu, is available to patients with HER2-low breast cancer in Scotland and Northern Ireland. However, in a contentious decision, the National Institute for Health and Care Excellence (NICE) has not approved its use in England or Wales. There is compelling evidence indicating that trastuzumab deruxtecan, the drug’s full name, can prolong life and delay disease progression.
When the NHS denies any treatment proven to be effective due to cost, whether it is for breast cancer or other forms of cancer, it must consider the broader financial implications. While the immediate expense of providing such treatments may seem prohibitive, the long-term costs of potential legal actions could be far greater. Patients denied access to life-saving medications may pursue legal claims, leading to substantial payouts that could run into millions. Therefore, investing in these treatments upfront might not only save lives but also prevent significant legal and financial repercussions for the NHS in the future.
Further Reading:
- Women in Wales denied ‘life-changing’ breast cancer drug that can stop spread | Wales Online – Wales Online
- https://disabledentrepreneur.uk/directory-of-useful-contacts/
- Breast cancer drug may help thousands more women than previously thought | Breast cancer | The Guardian
- Trastuzumab Deruxtecan for Metastatic HER2-Low Breast Cancer – NCI
- Efficacy and Safety of Trastuzumab Deruxtecan in Patients With HER2-Expressing Solid Tumors: Primary Results From the DESTINY-PanTumor02 Phase II Trial | Journal of Clinical Oncology (ascopubs.org)
