Summaries cases and Literature - International Health Law
Week 1 – Introduction to international law
Key concepts and Rights
- Binding document; creates obligations and legal rights for individuals (obligation
of state)
o Sovereign states (independent, supreme authority and can enter relations
with each other)
o Written form
o Governed by international law
o Treaty making power organizations, not deciding who becomes part
Binding precedent or doctrine --> not the case in law,
- Binding to parties involved in specific case
- Not legally bind to follow previous decisions
- Not bound to decisions of another court (binding precedent), only between
parties
International law functions as “bill human rights” - Concluded between states
- Beacon --> pulling states to accept rights
- Safety net --> individuals protection from national discrepancies
- Basis --> name and shame (action provoking)
Soft law --> not binding legal instruments
- Principles e.g. WHO reproductive health strategy
Conventions/ treaties
• Treaties are binding only on States that become parties to them
• States decide whether they become party to a treaty. If so, they undertake the
legal rights & obligations contained in it
• Treaties can create international organizations
Committee experts that monitor implementation and violation of rights - By shadow and
normal reports
Council of Europe (ECHR) - Court, applications against state as in ECHR
Sources of law
, - General principles
- International treaties
- Juridical decisions
Rights
ICCPR; International covenant on civil and political rights
- Art. 1 – All people have right of self-determination
- Art. 3 – Equal rights men and women
- Art. 6 – Right to life
- Art. 7 – Right to not be subject to inhumane treatment
ICESCR; International covenant on social, cultural and economic rights
- Art. 12; highest attainable standard of healthcare given it resources
o General comment 14; AAAQ
o General comment 22: Sexual and reproductive health
ECHR; European convention on human rights
- Art. 1 – Right to property
- Art. 2 - Right to life (prevent deaths due to unequal access)
- Art. 3 – Prohibition of inhuman or degrading treatment
- Art. 8 – Right to private life
- Art. 10 – Freedom of expression
Oviedo Convention – European law
- Art. 5 – Informed consent
- Art. 6- protection not able to consent
- Art. 7 – protection ones with mental disability
- Art. 8 – emergency
- art. 15 – freely and consent withdrawal medical research
- Art. 16 – Protection people undergoing research
- Art.17 - not able to consent to research
,Literature week 1
OHCHR – Human Rights in the Administration of Justice (Chapter 1 )
Core Idea
• International human rights law (IHRL) exists to limit state power, protect human
dignity, and secure peace and social development.
• Human rights are legal obligations, not political aspirations.
Key Legal Messages
• Human rights are:
o universal and inalienable,
o binding on states at all times.
• Sources of law:
o treaties,
o customary international law,
o general principles,
o judicial decisions & General Comments.
• Human rights treaties create objective obligations (no reciprocity).
Interpretation & Method
• Treaties must be interpreted:
o teleologically (object & purpose),
o holistically,
o in favour of effective rights protection.
• Soft law and case law are essential for clarifying state duties.
Public Health, Limits & Emergencies
• Rights may be limited for public health, but only if:
o lawful,
o necessary,
o Proportionate (interest others and
, • Some rights are non-derogable - absolute (e.g. life, freedom from torture).
Even emergencies cannot remove the core substance of rights.
State Responsibility
• States are responsible for:
o actions and omissions,
o failures to prevent private harm.
• Duties include:
o prevention,
o investigation,
o remedies.
• Key case: Velásquez Rodríguez → responsibility for failure to protect.
o Velásquez Rodríguez v. Honduras (1988) concerned the disappearance of
a man during political violence, where the state did not properly
investigate or punish those responsible.
o The Court said the state was responsible not because it directly
committed the act, but because it failed to prevent the harm and failed to
investigate it.
o Why it matters for health law: a state can be legally responsible for serious
health system failures (e.g. no prevention, no protection, no remedies),
even if the harm was not intentional.
Allyn L. Taylor – Global Health Law: International Law and Public Health
Policy
Core Idea
• Global Health Law (GHL) arises because globalization makes national health
protection insufficient.
• Health is now governed through international legal coordination.
Definition & Scope
• GHL includes:
o human rights,
Week 1 – Introduction to international law
Key concepts and Rights
- Binding document; creates obligations and legal rights for individuals (obligation
of state)
o Sovereign states (independent, supreme authority and can enter relations
with each other)
o Written form
o Governed by international law
o Treaty making power organizations, not deciding who becomes part
Binding precedent or doctrine --> not the case in law,
- Binding to parties involved in specific case
- Not legally bind to follow previous decisions
- Not bound to decisions of another court (binding precedent), only between
parties
International law functions as “bill human rights” - Concluded between states
- Beacon --> pulling states to accept rights
- Safety net --> individuals protection from national discrepancies
- Basis --> name and shame (action provoking)
Soft law --> not binding legal instruments
- Principles e.g. WHO reproductive health strategy
Conventions/ treaties
• Treaties are binding only on States that become parties to them
• States decide whether they become party to a treaty. If so, they undertake the
legal rights & obligations contained in it
• Treaties can create international organizations
Committee experts that monitor implementation and violation of rights - By shadow and
normal reports
Council of Europe (ECHR) - Court, applications against state as in ECHR
Sources of law
, - General principles
- International treaties
- Juridical decisions
Rights
ICCPR; International covenant on civil and political rights
- Art. 1 – All people have right of self-determination
- Art. 3 – Equal rights men and women
- Art. 6 – Right to life
- Art. 7 – Right to not be subject to inhumane treatment
ICESCR; International covenant on social, cultural and economic rights
- Art. 12; highest attainable standard of healthcare given it resources
o General comment 14; AAAQ
o General comment 22: Sexual and reproductive health
ECHR; European convention on human rights
- Art. 1 – Right to property
- Art. 2 - Right to life (prevent deaths due to unequal access)
- Art. 3 – Prohibition of inhuman or degrading treatment
- Art. 8 – Right to private life
- Art. 10 – Freedom of expression
Oviedo Convention – European law
- Art. 5 – Informed consent
- Art. 6- protection not able to consent
- Art. 7 – protection ones with mental disability
- Art. 8 – emergency
- art. 15 – freely and consent withdrawal medical research
- Art. 16 – Protection people undergoing research
- Art.17 - not able to consent to research
,Literature week 1
OHCHR – Human Rights in the Administration of Justice (Chapter 1 )
Core Idea
• International human rights law (IHRL) exists to limit state power, protect human
dignity, and secure peace and social development.
• Human rights are legal obligations, not political aspirations.
Key Legal Messages
• Human rights are:
o universal and inalienable,
o binding on states at all times.
• Sources of law:
o treaties,
o customary international law,
o general principles,
o judicial decisions & General Comments.
• Human rights treaties create objective obligations (no reciprocity).
Interpretation & Method
• Treaties must be interpreted:
o teleologically (object & purpose),
o holistically,
o in favour of effective rights protection.
• Soft law and case law are essential for clarifying state duties.
Public Health, Limits & Emergencies
• Rights may be limited for public health, but only if:
o lawful,
o necessary,
o Proportionate (interest others and
, • Some rights are non-derogable - absolute (e.g. life, freedom from torture).
Even emergencies cannot remove the core substance of rights.
State Responsibility
• States are responsible for:
o actions and omissions,
o failures to prevent private harm.
• Duties include:
o prevention,
o investigation,
o remedies.
• Key case: Velásquez Rodríguez → responsibility for failure to protect.
o Velásquez Rodríguez v. Honduras (1988) concerned the disappearance of
a man during political violence, where the state did not properly
investigate or punish those responsible.
o The Court said the state was responsible not because it directly
committed the act, but because it failed to prevent the harm and failed to
investigate it.
o Why it matters for health law: a state can be legally responsible for serious
health system failures (e.g. no prevention, no protection, no remedies),
even if the harm was not intentional.
Allyn L. Taylor – Global Health Law: International Law and Public Health
Policy
Core Idea
• Global Health Law (GHL) arises because globalization makes national health
protection insufficient.
• Health is now governed through international legal coordination.
Definition & Scope
• GHL includes:
o human rights,
