Law and NCD prevention and control

Abstract

This chapter provides a brief introduction to the roles played by law in the context of NCDs. Law determines the duties, rights and obligations of government – simultaneously creating the powers under which different branches of government can act and placing limits on those powers. The chapter describes how law functions as an instrument of public policy, linked to political declarations, policies, strategies, action plans and other instruments that are not ordinarily legally enforceable. Many WHO best buys and other recommended interventions for NCDs are implemented through law – and are often the purview of ministries beyond health, such as finance, trade, the economy or education. The chapter provides examples of international legal instruments for the prevention and control of NCDs, as well as implementation of laws and regulations at the domestic level, for example, health taxes (e.g. on tobacco products and alcohol), restrictions or bans on the marketing of unhealthy products, packaging and labelling and regulations on the sale and use of, and exposure to, unhealthy products. The chapter concludes by highlighting the role of law in the provision of health services to treat and control NCDs.