THE LEGAL AUTHORITY OF WHO – POST PANDEMIC HEALTH GOVERNANCE

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THE LEGAL AUTHORITY OF WHO – POST PANDEMIC HEALTH GOVERNANCE

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GIST  The World Health Org. (WHO), in a landmark move, where the first-ever Pandemic Agreement was adopted during the World Health Assembly (78th) which was held in May 2025.This binding treaty is legal in nature which aims to fortify equitable response mechanisms and global preparedness for pandemic seen in future which shall address to the shortcomings exhibited by COVID-19.

OVERVIEW

1. What took place in World Health Org?

The Pandemic Agreements was adopted by the WHO – World Health Org.To enhance collaboration at a global level, the treaty was designed in such a manner that it enhanced changes in pandemic prevention, response and preparedness.

2. Who are the Protagonists of the world health org.?

120 countries backing the treaty, WHO – World Health Org. Member States, Dr. Tedrosadhanom Ghebreyesus and the WHO Director-General were the ones leading the initiative.

3. Relevance in today’s scenario 

A significant step in global health governance adapts the treaty’s marks at amending and coordinating failures witnessed during the pandemic and its inequalities.

KEY FACTS 

Under Article 19 of the WHO – World Health Organization Constitution, a legally binding treaty is established which is known as The WHO Pandemic Agreement. It marks the only tertiary treaty after the Framework Convention On Tobacco Control – 2023. 

• Fair Access: This basically focuses on unbiased and fair accessibility of diagnostics, distribution of vaccines, and providing therapeutics during the pandemic era.
• Coordination on Global Level:  There was a need to enhance international collaboration for pandemic response and preparedness.
• Sharing of Data: To facilitate the system timely by sharing the benefits of pathogen data – Implementation of the Pathogen Access and Benefit Sharing (PABS ) becomes significant and important.

In need of a response that is a cohesive mechanism following the COVID-19 fragments that needs to be handled well for emergence from the global recognition on the basis of which a treaty works.  

INDIA’S ROLE

• The domestic procedures are expected to be ratified by India, although it has endorsed the treaty.
• The importance of national sovereignty has been e  p h a  s i z e d   by India and is advocating further for the provisions that take care of health and policies in the domestic segment.
• The global health equity aligns well with India’s commitment and the role it holds in supplying medicines worldwide with vaccines which are affordable to citizens.

LEGAL ASPECTS

• WHO – World Health Organization   is established under article 19 of the constitution. International Health Regulation (2005), complements the treaty and lines up well with the principles of the UN- United Nations, Charter.
• In the Indian Courts no legal or law related challenges or problems of the above have happened in the treaty’s constitutionality in India.
• In the national legal framework India shall integrate the provisions of the treaty upon ratification and may adhere with its obligations.

IMPACTS 

From equitable access to pandemic resources, the low and middle-income countries gained and experienced benefits. On the other hand, the high-income countries faced many problems and challenges while balancing global commitments with that of the domestic priorities.Concerns over sovereignty and the binding nature of the treaty was the feeling which was expressed by some nations potentially leading to geo -political tensions.Global health security becomes a primary goal, upon which economic resilience during health crises can also contribute towards a positive influence and persuade on international trade – foreign – goods and services.   

CONCLUSION 

A paradigm shift has been observed in health diplomacy at a global level which is signified by the WHO – World Health Organization  Pandemic Agreement. This emphasized solidarity with collective responsibility over actions which are unilateral, fostering more resilient health infrastructure internationally.

SOURCE – World Health Assembly adopts historic pandemic agreements.

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WRITTEN BY: SNIGDHA

EDITED BY: NANCY SHARMA

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