Lodestar in the Time of Coronavirus? Interpreting International Obligations to Realise the Right to Health During the COVID-19 Pandemic

ABSTRACT While the right to health has gained significant momentum in international law over the past two years, there is little clarity on what it means for States to comply with this right in times of COVID-19. Taking Articles 2(1) and 12 of the International Covenant on Economic, Social and Cultu...

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Bibliographic Details
Published in:Human rights law review 2023-03, Vol.23 (1), p.1-25
Main Authors: Bueno de Mesquita, Judith, Lougarre, Claire, Montel, Lisa, Sekalala, Sharifah
Format: Article
Language:English
Subjects:
Coronaviruses
COVID-19
COVID-19 Pandemic (2020-)
Emergencies
Epidemics
Health
International cooperation
International law
International law and human rights
Interpretation and construction
Obligations
Obligations (Law)
Right to health
Rule of law
Treaties
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Summary:ABSTRACT While the right to health has gained significant momentum in international law over the past two years, there is little clarity on what it means for States to comply with this right in times of COVID-19. Taking Articles 2(1) and 12 of the International Covenant on Economic, Social and Cultural Rights as a starting point, our article follows an approach guided by the rules of treaty interpretation under the Vienna Convention on the Law of Treaties to suggest how right to health obligations to prevent, treat and control infectious diseases should be interpreted in relation to COVID-19, and how these obligations interact with general obligations of immediacy, progressive realisation, minimum core and international assistance and cooperation in this context. This article makes a novel contribution to clarifying the right to health during COVID-19, thus enhancing capacity for the oversight of this right; its incorporation in global health law; and the understanding of its corresponding obligations in future global health emergencies.
ISSN:1461-7781
1744-1021
DOI:10.1093/hrlr/ngac036