Reforms to the International Health Regulations Must Advance Human Rights [GUEST ESSAY]; TRIPS Extension Decision for COVID-19 Tests & Treatments Junked at WTO Ministerial

Newsletter Edition #70 [Treaty Talks]

Hi,

Two updates from us:

1. In today’s edition we bring you a timely guest essay from scholars working at the intersection of human rights and global health law. They call for a greater recognition of human rights principles across the many amendments to the International Health Regulations. The authors suggest specific proposals for provisions on medical countermeasures, core capacities, travel restrictions, vaccines certificates, social measures and accountability.

2. We bring also bring you news from the recently concluded WTO ministerial conference where the TRIPS extension decision seeking to boost production and access to COVID-19 test and treatments, met with no consensus. By ignoring fundamental disagreements long enough, they may not necessarily “go away”. It could likely fester, become worse. Trade and health discussions will remain a thorn in the flesh at WTO - some developing countries made a political statement on TRIPS and development at the Ministerial. Read more below.

   It is a heavy-duty Friday, as we track the resumed session of the Working Group to amend the IHR today that meets to specifically discuss equity-related proposals. In addition, like others, we are on standby to pour over the latest “negotiating” text for a draft pandemic instrument.

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Until later.

Best,

Priti

Feel free to write to us: patnaik.reporting@gmail.com. Follow us on X: @filesgeneva

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Illustration Credit: Amy Clarke, Chembe Collaborative

I. GUEST ESSAY

Featured in the GHF: Sponsored Series

Reforms to the International Health Regulations must advance human rights 

By Lisa Forman*, Judith Bueno de Mesquita, Luciano Bottini Filho, Matiangai Sirleaf, and Benjamin Mason Meier

An extended version of this paper is forthcoming in the Journal of Law, Medicine & Ethics.

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While the World Health Organization’s (WHO) International Health Regulations (IHR) are the primary international law instrument to govern public health emergencies of international concern (PHEICs),¹ states are also bound by obligations under human rights to health, life, the benefits of scientific progress, and equality and non-discrimination.

This overlap with human rights is recognized in IHR article 3 which requires its implementation to be with “full respect for the dignity, human rights and fundamental freedoms of persons.” Yet state responses to COVID-19 underscored profound gaps and weaknesses in the IHR’s ability to effectively govern a public health response to the international spread of disease while protecting and promoting human rights.

These weaknesses and violations underscored the need to revise the IHR, alongside a new pandemic agreement, to assure effective obligations and accountability mechanisms that more effectively balance global health security concerns and human rights.

However, current proposals for IHR reform fall short of needed human rights protections and here we present concrete proposals for reform in six key areas: medical countermeasures, core capacities, travel restrictions, vaccine certificates, social measures, and accountability. We argue that these reforms are not just necessary for states to better fulfill human rights obligations but are essential for successful national and global governance of disease threats.²

Image Credit: Photo by Anni Roenkae, Pexels