Noi elemente și perspective ale dezvoltării unui drept internațional al sănătății
Keywords:
sanitary crisis; Covid-19; pandemic; One Health; WHO; WHA; sanitary security; right to health; IHR; international law of health; global health; treaty on pandemics; EU of health; HERA; the right to health.Abstract
The global sanitary crisis generated by the Covid-19 pandemic (officially declared on March 11, 2020) has revealed the incapacity of the international governance, starting with the WHO, the insufficiency and inadequacy of the interstate regulations, and the displacement of the efforts in managing the sanitary response towards the states. The provisions of the IHR (especially regarding the mandatory preemptive alarm and notification) have not been totally respected, and the international solidarity leaves much to be desired.
Amongst the progresses registered in practice and the official declarations, the consolidation of the significations of the concepts of global health, one health, international sanitary security, or access to vaccination, as a fundamental aspect of the right to health, hold an important place. The impact on fundamental human rights has favored special developments and resonances. The idea of a special development and affirmation of an international law of health, as a branch of public international law and original scientific field, has been consolidated by the jurisprudential codification of the international law of pandemics made by the IDI, and the WHA initiative to elaborate and adopt an international treaty on prevention and response to pandemics.
