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Toward Human Rights-Consistent Responses to Health Emergencies: What Is the Overlap between Core Right to Health
Brigit Toebes1, Lisa Forman2, Giulio Bartolini3
1Chair of Health Law in a Global Context in the Department of Transboundary Legal Studies, Faculty of Law, University of Groningen, Groningen, Netherlands.
Health and Human Rights
|January 4, 2021
Summary
This study examines state obligations under the International Health Regulations (IHR) and the right to health for pandemic preparedness. It finds significant overlap, advocating for integrating these frameworks to improve global health security and human rights.
Area of Science:
- Public Health Law
- International Health Law
- Human Rights Law
Background:
- The COVID-19 pandemic exposed critical gaps in global preparedness and response.
- Many pandemic responses have violated fundamental human rights.
- International Health Regulations (IHR) and the right to health are key frameworks for state obligations.
Purpose of the Study:
- To assess countries' international legal obligations for public health emergency preparedness.
- To analyze the interplay between the right to health and the IHR.
- To identify opportunities for synergy between these legal regimes.
Main Methods:
- Comparative legal analysis of the right to health and the IHR.
- Examination of "core obligations" under the right to health.
- Analysis of "core capacities" required by the IHR.
Main Results:
- Significant parallels exist between core obligations of the right to health and core capacities of the IHR.
- The two frameworks are functionally related and can inform each other.
- Cross-fertilization can strengthen normative aspects and accountability.
Conclusions:
- Integrating the right to health and IHR can enhance preparedness for future public health emergencies.
- This integration promotes better public health outcomes and upholds human rights.
- Strengthening the interaction between these regimes improves state accountability.
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