The World Health Organization, International Health Regulations and Human Rights Law

Abstract

Abstract This article examines the influence of human rights law on infectious disease control through the World Health Organization (who) International Health Regulations (‘IHR’). The who’s evolving work to mainstream human rights in global health governance strongly influenced the 2005 revision of the ihr, framing a new balance between health and human rights in public health emergencies. The 2005 ihr make respect for human rights a central principle and integrate human rights standards in explicit and implicit ways. Yet these reforms also fail to reflect economic, social and cultural rights, inadequately connect to the UN human rights system, and leave unresolved significant legal issues with major impacts on human rights. These weaknesses have been exposed by the covid-19 pandemic, as national pandemic responses have tested who’s authority under the ihr and disproportionately and unjustifiably restricted a range of human rights. Resolving these gaps will require both normative and institutional reforms that bring together human rights and global health governance, including through broader rights-based partnerships amongst international organizations.