International - Bill of Health

Reviewing Solidarity in the Principles and Guidelines on Human Rights and Public Health Emergencies

November 14, 2023November 14, 2023 The Petrie-Flom Center Staff Leave a comment

By Eduardo Arenas Catalán

The Principles and Guidelines on Human Rights and Public Health Emergencies (the Principles), entail a notable attempt to consolidate lessons learned from the COVID-19 pandemic. After the largely non-solidaristic international response to COVID-19, the Principles outline the advantages and limitations of embedding human rights discourse within the global public health machinery.

One key element that will test the Principles will be their ability to influence the measures taken, including by States, in preparing for, preventing, and responding to future public health emergencies with increased solidarity. That uncertain future aside, by incorporating critical elements of solidarity, which so far have been largely absent in the human rights corpus, these Principles strengthen the protection of human rights in international law.

Reflections on the United States Health Care System and the Right to Health

November 9, 2023November 8, 2023 The Petrie-Flom Center Staff Leave a comment

By Brianna da Silva Bhatia, Michele Heisler, and Christian De Vos

American health care too often fails to protect the right to health or promote health-related rights. Despite efforts to increase access to health care and to better incentivize high-quality, value-based care, the United States’ health care system remains fragmented, largely profit-based, and predominantly disease-focused rather than prevention-focused.

To design systems and policies that promote the right to health, a holistic and proactive approach is needed, one in which people, institutions, and corporations have a shared responsibility in promoting physical, mental, and social well-being. The Principles and Guidelines on Human Rights and Public Health Emergencies (the Principles), allow us to imagine a new future and help outline a path for how to get there. In this piece, we discuss how the Principles might be applied in a rights-based approach to address some of the core problems in the U.S. health care system.

gavel and old papers on grey background.

Human Rights Principles in Public Health Emergencies: From the Siracusa Principles to COVID-19 and Beyond

November 7, 2023November 6, 2023 The Petrie-Flom Center Staff Leave a comment

By Eric A. Friedman and Lawrence O. Gostin

In 1984, the United Nations Economic and Social Council (ECOSOC) adopted the Siracusa Principles, which state that restrictions on human rights must meet standards of legality, necessity, and proportionality. States must use the least restrictive means available when putting in place rights-restricting measures.

One of us (LG) was involved in the drafting of the Siracusa Principles, which have become the chief international instrument governing permissible human rights limitations during national emergencies. Yet when COVID-19 – the greatest health emergency in a century – devastated the world, the Siracusa Principles seemed unequal to the task – too narrow, including with their remit limited to civil and political rights, not sufficiently specific, and above all, without sufficient accountability.

During the pandemic phase of COVID-19, human rights violations were widespread and spanned the full gamut of rights: from arbitrary detentions and suppression of free expression, to violations of the right to health, failure to ensure sufficient food and other necessities during lockdowns, quarantines, and isolations, and woefully inadequate international cooperation and assistance, including discriminatory travel and trade restrictions.

Extensive abuses of human rights during the pandemic led international experts to draft the Principles and Guidelines on Human Rights and Public Health Emergencies (HR Principles). Firmly embedding these principles in international law and creating accountability will be critical for realizing the HR Principles’ potential.

Double exposure of abstract digital world map on laptop background.

Harmonizing Africa’s Data Governance: Challenges and Solutions

November 6, 2023November 6, 2023 Donrich Thaldar Leave a comment

By Donrich Thaldar

The establishment of a single data market across African nations promises significant socio-economic advantages, facilitating unrestricted and fluid data exchange. This concept has captured the attention of political leaders and has been prominently featured in the African Union’s (AU) Digital Transformation Strategy for Africa, as well as the AU’s Data Policy Framework. Further, entities like Smart Africa are actively championing the cause of creating an African single data market.

To transform the vision of an African single data market into reality, and to unlock its potential benefits for the continent’s populace, establishing regulatory alignment is paramount. This necessitates the integration of markets, the implementation of uniform online payment systems, the standardization of taxation and duties, and cross-border trade facilitation. This article delves into two critical legal dimensions of cross-border trade facilitation: data privacy and data ownership.

LOMBARDIA, ITALY - FEBRUARY 26, 2020: Empty hospital field tent for the first AID, a mobile medical unit of red cross for patient with Corona Virus. Camp room for people infected with an epidemic.

Non-State Actors and Public Health Emergencies

November 2, 2023November 1, 2023 The Petrie-Flom Center Staff Leave a comment

By Rossella De Falco

Strong, well-coordinated and resilient public health care services play a vital role in preventing and responding to public health crises. Under international human rights law, States have a positive, primary obligation to ensure that such health care services are of the highest possible quality and accessible to everyone, everywhere, and without discrimination.

Making Explicit a Rights-Based Approach to Infodemic in a Public Health Emergency

October 31, 2023October 31, 2023 The Petrie-Flom Center Staff Leave a comment

By Calvin Wai-Loon Ho

With the mainstreaming of digital technology across many spheres of social life, infodemic management must be an integral part of public health emergency prevention, preparedness, response, and recovery.

While the Principles and Guidelines on Human Rights and Public Health Emergencies (the Principles) do not make explicit reference to infodemics, the application of digital technologies in response to a public health emergency is a clear concern. This article provides further elaboration and critique of the Principles and their treatment of this emergent phenomenon.

Bill of Health - Globe and vaccine, covid vaccine

COVID-19 Showcased Failed Global Cooperation

October 26, 2023October 26, 2023 The Petrie-Flom Center Staff Leave a comment

By Kayum Ahmed, Julia Bleckner, and Kyle Knight

In mid-May, the World Health Organization officially declared the “emergency” phase of the COVID-19 pandemic over. However, the deep wounds of the pandemic remain, compelling those concerned about this pandemic and future health emergencies to account for catastrophic failures by those in power. These reflections suggest that the public health crisis could have been addressed differently, both reducing COVID-19’s unprecedented magnitude of illness and death, and preserving human dignity.

The COVID-19 pandemic isn’t over, and the end of this pandemic’s emergency phase certainly doesn’t mean we accept the widely abysmal response as the model for the world’s reaction to the next one. Public health emergencies aren’t entirely preventable. We live in a complex world where health is increasingly affected by a changing climate, extraordinary levels of pollution, and inadequate preventive and responsive health services. Emergencies will happen. But when they do, responses that uphold human rights need to be the norm.

Risograph clenched, raised fists with speech bubble and geometric shapes, trendy riso graph design.

Introduction to the Symposium: From Principles to Practice: Human Rights and Public Health Emergencies

October 24, 2023October 23, 2023 The Petrie-Flom Center Staff Leave a comment

By Roojin Habibi, Timothy Fish Hodgson, and Alicia Ely Yamin

Today, as the world transitions from living in the grips of a novel coronavirus to living with an entrenched, widespread infectious disease known as COVID-19, global appreciation for the human rights implications of public health crises are once again rapidly fading from view.

Against the backdrop of this burgeoning collective amnesia, a project to articulate the human rights norms relevant to public health emergencies led to the development of the 2023 Principles and Guidelines on Human Rights and Public Health Emergencies (the Principles).

This symposium gathers reflections from leading scholars, activists, jurists, and others from around the world with respect to the recently issued Principles.

Lima, Peru - March 8 2019: Peruvian girl holding purple banner of abortion rights at Woman's Day March in Lima..

Despite Legal Exceptions, Access to Abortion Denied in Peru

October 23, 2023October 20, 2023 cgianella Leave a comment

By Camila Gianella

Between August and mid-October 2023, media reports documented a string of tragedies: six Peruvian girls between the ages of 10 and 13 were raped by relatives, resulting in unwanted pregnancies. Initially, health workers denied the girls access to abortion, and ultimately one died during labor.

Open Science and Its Enemies: Policy Initiatives in South Africa

October 10, 2023October 10, 2023 Donrich Thaldar Leave a comment