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Phelan AL, Meier BM, Habibi R, Gostin LO. Global health reform must continue amid new infectious disease threats. BMJ 2024; 386:q1601. [PMID: 39095066 DOI: 10.1136/bmj.q1601] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [MESH Headings] [Track Full Text] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Indexed: 08/04/2024]
Affiliation(s)
- Alexandra L Phelan
- Johns Hopkins Center for Health Security, Johns Hopkins Bloomberg School of Public Health, Baltimore, MD, USA
| | - Benjamin Mason Meier
- Department of Health Policy and Management, Gillings School of Public Health, University of North Carolina, Chapel Hill, NC, USA
| | | | - Lawrence O Gostin
- O'Neill Institute for National and Global Health Law, Georgetown University Law Center, Washington, DC, USA
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Gostin LO, Meier BM, Abdool Karim S, Bueno de Mesquita J, Burci GL, Chirwa D, Finch A, Friedman EA, Habibi R, Halabi S, Lee TL, Toebes B, Villarreal P. The World Health Organization was born as a normative agency: Seventy-five years of global health law under WHO governance. PLOS GLOBAL PUBLIC HEALTH 2024; 4:e0002928. [PMID: 38602939 PMCID: PMC11008771 DOI: 10.1371/journal.pgph.0002928] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 04/13/2024]
Abstract
The World Health Organization (WHO) was born as a normative agency and has looked to global health law to structure collective action to realize global health with justice. Framed by its constitutional authority to act as the directing and coordinating authority on international health, WHO has long been seen as the central actor in the development and implementation of global health law. However, WHO has faced challenges in advancing law to prevent disease and promote health over the past 75 years, with global health law constrained by new health actors, shifting normative frameworks, and soft law diplomacy. These challenges were exacerbated amid the COVID-19 pandemic, as states neglected international legal commitments in national health responses. Yet, global health law reforms are now underway to strengthen WHO governance, signaling a return to lawmaking for global health. Looking back on WHO's 75th anniversary, this article examines the central importance of global health law under WHO governance, reviewing the past successes, missed opportunities, and future hopes for WHO. For WHO to meet its constitutional authority to become the normative agency it was born to be, we offer five proposals to reestablish a WHO fit for purpose: normative instruments, equity and human rights mainstreaming, sustainable financing, One Health, and good governance. Drawing from past struggles, these reforms will require further efforts to revitalize hard law authorities in global health, strengthen WHO leadership across the global governance landscape, uphold equity and rights at the center of global health law, and expand negotiations in global health diplomacy.
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Affiliation(s)
- Lawrence O. Gostin
- O’Neill Institute for National & Global Health Law, Georgetown Law School, Washington, District of Columbia, United States of America
| | - Benjamin Mason Meier
- Gillings School of Global Public Health, University of North Carolina at Chapel Hill, Chapel Hill, North Carolina, United States of America
| | - Safura Abdool Karim
- Berman Institute of Bioethics, Johns Hopkins University, Baltimore, Maryland, United States of America
| | | | - Gian Luca Burci
- Global Health Centre, Graduate Institute of International and Development Studies, Geneva, Switzerland
| | - Danwood Chirwa
- Faculty of Law, University of Cape Town, Cape Town, South Africa
| | - Alexandra Finch
- O’Neill Institute for National & Global Health Law, Georgetown Law School, Washington, District of Columbia, United States of America
| | - Eric A. Friedman
- O’Neill Institute for National & Global Health Law, Georgetown Law School, Washington, District of Columbia, United States of America
| | - Roojin Habibi
- Faculty of Law, University of Ottawa, Ottawa, Canada
| | - Sam Halabi
- O’Neill Institute for National & Global Health Law, Georgetown Law School, Washington, District of Columbia, United States of America
| | - Tsung-Ling Lee
- Graduate Institute of Health and Biotechnology Law, Taipei Medical University, Taipei, Taiwan
| | - Brigit Toebes
- Faculty of Law, University of Groningen, Groningen, The Netherlands
| | - Pedro Villarreal
- Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany
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GOSTIN LAWRENCEO, FRIEDMAN ERICA, FINCH ALEXANDRA. The Global Health Architecture: Governance and International Institutions to Advance Population Health Worldwide. Milbank Q 2023; 101:734-769. [PMID: 37096621 PMCID: PMC10126971 DOI: 10.1111/1468-0009.12627] [Citation(s) in RCA: 2] [Impact Index Per Article: 2.0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 06/01/2022] [Revised: 01/24/2023] [Accepted: 01/24/2023] [Indexed: 04/26/2023] Open
Abstract
Policy Points Global health institutions and instruments should be reformed to fully incorporate the principles of good health governance: the right to health, equity, inclusive participation, transparency, accountability, and global solidarity. New legal instruments, like International Health Regulations amendments and the pandemic treaty, should be grounded in these principles of sound governance. Equity should be embedded into the prevention of, preparedness for, response to, and recovery from catastrophic health threats, within and across nations and sectors. This includes the extant model of charitable contributions for access to medical resources giving way to a new model that empowers low- and middle-income countries to create and produce their own diagnostics, vaccines, and therapeutics-such as through regional messenger RNA vaccine manufacturing hubs. Robust and sustainable funding of key institutions, national health systems, and civil society will ensure more effective and just responses to health emergencies, including the daily toll of avoidable death and disease disproportionately experienced by poorer and more marginalized populations.
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Gostin LO, Chirwa DM, Clark H, Habibi R, Kümmel B, Mahmood J, Meier BM, Mpanju-Shumbusho W, Reddy KS, Waris A, Were MK. The WHO's 75th anniversary: WHO at a pivotal moment in history. BMJ Glob Health 2023; 8:e012344. [PMID: 37085271 PMCID: PMC10124202 DOI: 10.1136/bmjgh-2023-012344] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 03/20/2023] [Accepted: 04/04/2023] [Indexed: 04/23/2023] Open
Abstract
The World Health Organisation (WHO) was inaugurated in 1948 to bring the world together to ensure the highest attainable standard of health for all. Establishing health governance under the United Nations (UN), WHO was seen as the preeminent leader in public health, promoting a healthier world following the destruction of World War II and ensuring global solidarity to prevent disease and promote health. Its constitutional function would be 'to act as the directing and coordinating authority on international health work'. Yet today, as the world commemorates WHO's 75th anniversary, it faces a historic global health crisis, with governments presenting challenges to its institutional legitimacy and authority amid the ongoing COVID-19 pandemic. WHO governance in the coming years will define the future of the Organisation and, crucially, the health and well-being of billions of people across the globe. At this pivotal moment, WHO must learn critical lessons from its past and make fundamental reforms to become the Organisation it was meant to be. We propose reforms in WHO financing, governance, norms, human rights and equity that will lay a foundation for the next generation of global governance for health.
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Affiliation(s)
- Lawrence O Gostin
- O'Neill Institute for National and Global Health Law, Georgetown University Law Centre, Georgetown University, Washington, DC, USA
| | | | - Helen Clark
- Helen Clark Foundation, Auckland, New Zealand
| | - Roojin Habibi
- Graduate Studies, Osgoode Hall Law School, Toronto, Ontario, Canada
- Global Strategy Lab, Toronto, Ontario, Canada
| | - Björn Kümmel
- German Federal Ministry of Health, Bonn, Germany
| | - Jemilah Mahmood
- Sunway Centre for Planetary Health, Sunway University, Bandar Sunway, Malaysia
| | - Benjamin Mason Meier
- Department of Health Policy & Management, Gillings School of Global Public Health, University of North Carolina at Chapel Hill, Chapel Hill, North Carolina, USA
| | | | | | - Attiya Waris
- Faculty of Law, University of Nairobi, Nairobi, Kenya
| | - Miriam K Were
- Champions for an AIDS-Free Generation, Nairobi, Kenya
- University of Nairobi, Nairobi, Kenya
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Wilson LA, Van Katwyk SR, Weldon I, Hoffman SJ. A Global Pandemic Treaty Must Address Antimicrobial Resistance. THE JOURNAL OF LAW, MEDICINE & ETHICS : A JOURNAL OF THE AMERICAN SOCIETY OF LAW, MEDICINE & ETHICS 2021; 49:688-691. [PMID: 35006051 PMCID: PMC8749967 DOI: 10.1017/jme.2021.94] [Citation(s) in RCA: 2] [Impact Index Per Article: 0.7] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Figures] [Subscribe] [Scholar Register] [Indexed: 06/14/2023]
Abstract
Antimicrobial resistance (AMR) is one of the defining global health threats of our time, but no international legal instrument currently offers the framework and mechanisms needed to address it. Fortunately, the actions needed to address AMR have considerable overlap with the actions needed to confront other pandemic threats.
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