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.
|Journal||Human Rights Law Review|
|Publication status||Accepted/In press - 20 Nov 2022|
- Right to health
- States' obligations
- Articles 12 and 2(1) International Covenant on Economic Social and Cultural Rights
- Global health law