[EQ] Global Health Law: A Definition and Grand Challenges

de: Ruggiero, Mrs. Ana Lucia (WDC) - ruglucia@paho.org
para: EQUIDAD@listserv.paho.org
fecha: 4 de mayo de 2009 10:40
asunto: [EQ] Global Health Law: A Definition and Grand Challenges



Global Health Law: A Definition and Grand Challenges

Lawrence O. Gostin and Allyn L. Taylor O’Neill Institute for National and Global
Health Law at Georgetown University Law Center
PUBLIC HEALTH ETHICS VOLUME 1 • NUMBER 1 • 2008 • 53–63

Available online at: http://phe.oxfordjournals.org/cgi/reprint/1/1/53

‘…..As a consequence of rapid globalization, the need for a coherent system of global health law and governance has never been greater. This article explores the health hazards posed by contemporary globalization on human health and the consequent urgent need for global health law to facilitate effective multilateral cooperation in advancing the health of populations equitably. It sets forth the first definition of the emerging field of “global health law.” After explicating the central features identified in the definition, the article examines the “grand challenges” to reaching the full potential of global health law to advance human health in just and effective ways….” [Abstract]

“…..This article has sought to set out a definition and the grand challenges in global health law today. As we have described, global health law has a number of structural inadequacies and inherent challenges— including vague standards, ineffective monitoring, weak enforcement—and a ‘statist’ approach that insufficiently harnesses the creativity and resources of nonstate actors and civil society more generally. Notably, international law suffers from important structural limitations that impact its effectiveness as a tool of global health governance.

These limitations include challenges of timely commitment, implementation and modification of international standards. Overall, in the absence of effective mechanisms for rationalizing and coordinating the global health law system, there are serious questions about the capacity of existing and future global health law to advance global health effectively and equitably….’ [AU]

* * *