The Direct Justiciability of the Right to Health at the IACtHR
What is the Added Value?
In a previous post, Lucas Sánchez discussed how the Inter-American Court of Human Rights (IACtHR) recently found, for the first time, a direct violation of the right to health in the case of Poblete Vilches vs. Chile. His post examines the shift from an indirect towards a direct justiciability regarding the violation of Economic, Social and Cultural Rights (ESC Rights) established in Article 26 of the American Convention on Human …
Stretching Abstract Reasoning to its Limits
The IACtHR and the Right to a Healthy Environment
The Inter-American Court of Human Rights issued the Advisory Opinion (AO) of 15 November, 2017 (OC-23/17), on the subject matter of the environment and human rights. Its wide-ranging features already sparked a lively debate in the blogosphere (see here, here and here). Whereas some welcome the Court’s engagement with environmental rights, others are either skeptical of the way in which the AO deals with criteria of state responsibility in human …
The WHO’s Institutional and Legal Role in Communicable Disease Epidemics: From Pandemic Influenza to Zika
On 1 February, 2016, the World Health Organization´s (WHO) Director-General declared that the Zika virus epidemic in the Americas is a Public Health Emergency of International Concern (PHEIC). The illness caused by this virus is very rarely fatal, and it causes mild symptoms: rash, headaches, conjunctivitis, sometimes fever and joint pains. Besides, an estimated 80% of cases are asymptomatic, which makes it next to impossible to establish an exact number …
Reforms of the World Health Organization in light of the Ebola crisis in West Africa: More delegation, more teeth?
The 68th World Health Assembly took place from 18 to 26 May, 2015. The Assembly is the maximum decision-making organ of the World Health Organization (WHO). In this forum, there were calls for institutional reform in light of the belated response to the Ebola crisis in West Africa. More recently, an Ebola Interim Assessment Panel Report was published, containing concrete proposals to reform some of WHO’s legal mechanisms for health …