Bueno De Mesquita, Judith and Lougarre, Claire and Sekalala, Sharifah and Montel, Lisa (2023) Lodestar in the time of Coronavirus? Interpreting international obligations to realise the right to health during the COVID-19 pandemic. Human Rights Law Review, 23 (1). DOI https://doi.org/10.1093/hrlr/ngac036
Bueno De Mesquita, Judith and Lougarre, Claire and Sekalala, Sharifah and Montel, Lisa (2023) Lodestar in the time of Coronavirus? Interpreting international obligations to realise the right to health during the COVID-19 pandemic. Human Rights Law Review, 23 (1). DOI https://doi.org/10.1093/hrlr/ngac036
Bueno De Mesquita, Judith and Lougarre, Claire and Sekalala, Sharifah and Montel, Lisa (2023) Lodestar in the time of Coronavirus? Interpreting international obligations to realise the right to health during the COVID-19 pandemic. Human Rights Law Review, 23 (1). DOI https://doi.org/10.1093/hrlr/ngac036
Abstract
While the right to health has gained significant momentum in international law over the past two years, little guidance can be found 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 obligation 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 contributes towards enhancing the monitoring of this right in human rights law as well as its incorporation in global health law, in response to this pandemic and in preparation for the next one.
Item Type: | Article |
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Uncontrolled Keywords: | right to health, obligations, COVID-19, Articles 12 and 2(1) International Covenant on Economic Social and Cultural Rights, global health law, epidemics |
Divisions: | Faculty of Humanities Faculty of Humanities > Essex Law School |
SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
Depositing User: | Unnamed user with email elements@essex.ac.uk |
Date Deposited: | 08 Mar 2023 12:53 |
Last Modified: | 08 Mar 2023 12:54 |
URI: | http://repository.essex.ac.uk/id/eprint/34016 |
Available files
Filename: ngac036.pdf
Licence: Creative Commons: Attribution 4.0