70125 - International Law and Health

Learning outcomes

At the end of the course the student has an in-depth understanding of the relationship between international law and public health. The student becomes familiar with the principal issues of international health law, including the major international health Treaties and governing structures. The focus of the course is especially oriented on international institutions such as: the World Health Organization, UNAIDS, the World Trade Organization, the International Labor Organization, and the World Bank; and on the important role that those play in the international health governance and in the development of health regulation and policy. A comprehensive approach to international health law involves multiple, interrelated fields, including trade, economics, intellectual property, human rights, ethics, and national security. Through the unit, the student is trained to identify legal issues and to explore the tension between public goals and private rights and interests, and he/she is expected to apply the law to particular policy contexts and public health issues and to critically evaluate the laws effectiveness in protecting and promoting the public health.

Course contents

The Right to Health (R2H) is an internationally recognized fundamental right that is protected in various international and regional treaties, which in turn are reflected in numerous domestic constitutions. In terms of international human rights law, this right is part of a broad category of rights termed Economic Social and Cultural Rights (ESCRs) that have only just recently begun to receive proper attention. As such this right is in a state of flux, the collective understanding of its scope and content is only just beginning to mature. In this regard, it is acknowledged that the Right to Health has various linkages with other rights including Civil and Political Rights (CPRs). An illustration of this linkage is the right to equality which connects with the right to health on issues such as equal treatment access in mutually reinforcing ways. In this regard, one can be even more specific and examine the rights of particular categories of persons, so-called vulnerable groups.

In this course, the health rights of children, women, prisoners and the mentally ill will be looked at. Another category of linkages is the concept of underlying determinants; food is the most basic and an excellent example. The Right to Health also has a bearing on trade internationally and domestically, and while the ferocity has subsided somewhat, this connection continues to be an area of contestation.

objectives

• The student obtains a thorough understanding of international human rights law relating to health issues.
• The student acquires knowledge of international human rights law relating to health issues as developed within the contexts of the United Nations and the Council of Europe.
• The student can apply his newly acquired knowledge and understanding of international health law, implying that:
* (s)he can recognize the relevant human rights aspects of a case;
* (s)he can apply relevant human rights law to a case;
* (s)he can come up with a logical answer to legal questions arising out of a case, by applying relevant human rights law.
• The student demonstrates a critical attitude during lectures and seminars.
• The student can express himself adequately in English, verbally as well as in writing

Readings/Bibliography

• Literature International Health Law (literature in pdf)
• Compendium of European Health Law, A. den Exter (ed.), Antwerpen/Apeldoorn/Portland: MAKLU 2017 (pdf file available)

Teaching methods

Oral lectures and interactive working groups

Assessment methods

take home exam, open questions

Office hours

See the website of Andre Pieter Den Exter