scholarly journals Meeting Basic Survival Needs of the World’s Least Healthy People : Toward a Framework Convention on Global HealthLawrence O. Gostin is University Professor, the Linda D. and Timothy J. O’Neill Professor of Global Health Law, and Faculty Director of the O’Neill Institute on National and Global Health Law at Georgetown University Law Center. He is also Professor of Public Health, the Johns Hopkins University and Director of the WHO Collaborating Center on Public Health Law and Human Rights. Prof. Gostin was a Distinguished Professorial Fellow at the Institute for Science, Ethics and Innovation, University of Manchester, in June 2011 when he delivered this keynote address. An expanded version of this paper was published in the Georgetown Law Journal in 2008. See LawrenceO.Gostin, ‘Meeting Basic Survival Needs of the World’s Least Healthy People: Toward a Framework Convention on Global Health’, Georgetown Law Journal, 2008, 96: 331–92, available at http://ssrn.com/abstract=1014082.

2019 ◽  
Vol 47 (3) ◽  
pp. 412-426 ◽  
Author(s):  
Tsion Berhane Ghedamu ◽  
Benjamin Mason Meier

Immunization plays a crucial role in global health security, preventing public health emergencies of international concern and protecting individuals from infectious disease outbreaks, yet these critical public health benefits are dependent on immunization law. Where public health law has become central to preventing, detecting, and responding to infectious disease, public health law reform is seen as necessary to implement the Global Health Security Agenda (GHSA). This article examines national immunization laws as a basis to implement the GHSA and promote the public's health, analyzing the scope and content of these laws to prevent infectious disease across Sub-Saharan Africa. Undertaking policy surveillance of national immunization laws in 20 Sub-Saharan African countries, this study: (1) developed a legal framework to map the legal attributes relevant to immunization; (2) created an assessment tool to determine the presence of these attributes under national immunization law; and (3) applied this assessment tool to code national legal landscapes. An analysis of these coded laws highlights legal attributes that govern vaccine requirements, supply chains, vaccine administration standards, and medicines quality and manufacturer liability. Based upon this international policy surveillance, it will be crucial to undertake legal epidemiology research across countries, examining the influence of immunization law on vaccination rates and disease outbreaks.


2021 ◽  
Vol 49 (2) ◽  
pp. 328-331
Author(s):  
Judith Bueno de Mesquita ◽  
Anuj Kapilashrami ◽  
Benjamin Mason Meier

AbstractWhile human rights law has evolved to provide guidance to governments in realizing human rights in public health emergencies, the COVID-19 pandemic has challenged the foundations of human rights in global health governance. Public health responses to the pandemic have undermined international human rights obligations to realize (1) the rights to health and life, (2) human rights that underlie public health, and (3) international assistance and cooperation. As governments prepare for revisions of global health law, new opportunities are presented to harmonize global health law and human rights law, strengthening rights-based governance to respond to future threats.


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
E Petelos

Abstract The WHO has highlighted the technical challenges of assessing immunity status, cautioning against immunity passports. Similarly, the ECDC indicated that “current scientific knowledge that exists on the immunological response to SARS-CoV-2 (quality, quantity and duration of human antibodies) or the available testing methods (laboratory based and point-of-care)” does not support their use. Accordingly, the European Commission has emphasised the risks compulsory testing, noting that “border control [is not] an effective measure to limit the transmission of the virus, while the Council of Europe raises awareness of the interference of SARS-CoV-2 measures on human rights, underlining that “the major social, political and legal challenge facing our Member States will be their ability to respond to this crisis effectively, whilst ensuring that the measures they take do not undermine our genuine long-term interest in safeguarding Europe's founding values of human rights, democracy and the rule of law”. Nevertheless, immunity passports and immunity registries are being discussed more than ever before, with governments under pressure to find a viable solution. This presentation will examine the GDPR, and current legislation protecting rights vs. legislation allowing testing, quarantine, administration of medicines, recording of immunity vs. vaccination. It will debate the legal nature of immunity passports and the relevance to fundamental European freedoms, linking key concepts to global public health law. Implications regarding the personal right in Health/right of Public Health and legal substance and human rights limitations will also be examined. Criteria and the use of immunity passports as limitations of human rights -prescribed by law, legitimate aim and necessary in a democratic society- with extrapolation in terms of discrimination will be discussed. Finally, the jurisprudential approach and control (national, European, ECHR, global) will be mentioned, along with a brief highlight to the implications for migrant populations and cross-border care.


2017 ◽  
Vol 25 (2) ◽  
pp. 240-269 ◽  
Author(s):  
Benjamin Mason Meier ◽  
Kara Tureski ◽  
Emily Bockh ◽  
Derek Carr ◽  
Ana Ayala ◽  
...  

Author(s):  
Gostin Lawrence O ◽  
Sirleaf Matiangai V S ◽  
Friedman Eric A

This chapter provides an understanding of the legal foundations of human rights, examining human rights under international law as a basis for social justice in public health. International human rights law has codified the rights first enumerated in the Universal Declaration of Human Rights (UDHR), evolving through the politics of the Cold War to develop the International Covenant on Economic, Social and Cultural Rights (ICESCR). This seminal covenant and the international treaties that derived from it have framed the legal foundations of the human right to health and the evolution of health-related human rights. Yet, where challenges remain in responding to the health needs of a globalizing world, scholars and advocates have looked to a shift from international health law to global health law, facilitating collaboration between state and nonstate actors in an expanding global health policy landscape.


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