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Pwede Idagdag Sa Outline

The document discusses how international laws and agreements govern responses to pandemics. It addresses how states may restrict certain rights like travel, assembly and privacy in order to protect public health during crises like COVID-19. International agreements like the International Health Regulations and Doha Declaration provide frameworks for state cooperation on limiting disease spread and access to medicines.

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Girlie Sandigan
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21 views3 pages

Pwede Idagdag Sa Outline

The document discusses how international laws and agreements govern responses to pandemics. It addresses how states may restrict certain rights like travel, assembly and privacy in order to protect public health during crises like COVID-19. International agreements like the International Health Regulations and Doha Declaration provide frameworks for state cooperation on limiting disease spread and access to medicines.

Uploaded by

Girlie Sandigan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Who are the most affected countries by the sudden attack/spread covid ?

 THIRD WORLD COUNTRIES?


 THOSE COUNTRIES WHO DID NOT TAKE AN ACTION RIGHT AWAY
 THOSE COUNTRIES WHERE THE PEOPLE DID NOT FOLLOW THE PROTOCOLS OF THE
GOVERNMENT?

What are the effects of the Covid-19 to the relations of each state?

 BILATERAL AGREEMENT CREATED?


 To the trade
 DOHA DECLARATION
 TRIPS AGREEMENT

INTERNATIONAL AGREEMENT/LAWS(OTHER AREAS NOT JUST TO HEALTH) WHICH ALLOWS VIOLATION


OF THE PROVISIONS OF LAW IN THE NAME OF PUBLIC HEALTH? (baka makatulong to in weighing which
rights of the people is important kasi under the laws even local laws they equal footing naman)

Example:

 GATT (THERE IS A PROVISION ALLOW THE MEMBER STATE TO VIOLATE IF THE


VIOLATION IS RELATED TO PUBLIC HEATH?

Among the rights guaranteed to people, may the other rights be dispensed with for the rights to public
health?

 Right to travel
 Right to public assemply
 Right to liberty
 Right to property(some states/ in the philippines kinukuha nila yong hotels for quarantine
facilities)
 The right of the people to privacy(halos you declare everything case particular to contract
tracing
 Intellectual property rights(vaccines issue)

DOHA DECLARATION
TRIPS AGREEMENT
WTO
WORLD BANK

In resolving the pandemic (covid 19), some rights may be violated or restricted, can the state be sued for
such violation?
COLLISION OF FUNDAMENTAL RIGHTS TO RIGHTS OF PUBLIC HEALTH

IMPAIRMENTS OF HUMAN RIGHTS WHICH IS BEING UPHOLD BY THE UNDHR, IHR,

What is/are the laws or agreement that govern in the international arena when it comes to contagious
diseases/ currently covid-19?

 IHR (2005)
The IHR (2005) are an international agreement between 194 States Parties and the World Health
Organization to monitor, report on, and respond to any events that could pose a threat to
international public health. The purpose of the IHR (2005) is to prevent, protect against, control
and provide a public health response to the international spread of disease in ways that are
appropriate for and restricted to public health risks, and which avoid unnecessary interference
with international traffic and trade. (International Health Regulations, Article 2)

How do the states cooperate during pandemics?

 Do they cooperate to deal with the virus?


 Is cooperation important to pacify the spread of the virus or it is upon each state strategy how
to control it? (like it doesn’t matter kung nag cooperate)

HOW THE INTERNATIONAL AGREEMENT/LAWS ARE USED TO THE GLOBAL PUBLIC HEALTH?

 PROHIBITION
 REGULATION
 SANCTIONS TO THOSE RESPONSIBLE
 IS IT REALLY HELPFUL TO CONTAIN THE VIRUS?

HOW EFFECTIVE THE LAWS/AGREEMENT TO PACIFY OR CONTAIN THE PANDEMICS?

RELATED SA INFLUENZA BUT NOT INTERNATIONAL CASE


[1] Carmichael v. Southern Coke and Coal  , 301 U.S. 495 (1937).

[2] Ziang Sung Wan v. U.S.  , 266 U.S. 1 (1924).

[3] Pence v. U.S.  , 316 U.S. 332 (1942).

[4] Galloway v. U.S.  , 319 U.S. 372 (1943).

[5] Wickwire v. Reinecke  , 275 U.S. 101 (1927).


The core provision on the right to health in international human rights law is set out in article 12 of the
International Covenant on Economic, Social, and Cultural Rights (“ICESCR”), which recognizes “the right
of everyone to the enjoyment of the highest attainable standard of physical and mental health.”42 It
further states that: “steps to be taken by the States Parties to the present Covenant to achieve the full
realization of this right shall include those necessary for . . . [t]he prevention, treatment and control of
epidemic, endemic, occupational and other diseases” and “[t]he creation of conditions which would
assure to all medical service and medical attention in the event of sickness.”43 Access to medications is
a critical component of the right to health both as treatment for epidemic and endemic diseases and as
part of medical attention in the event of any kind of sickness.

(NOT JUST A TRAGEDY: ACCESS TO MEDICATIONS AS A RIGHT UNDER INTERNATIONAL


LAW*.https://www.researchgate.net/profile/Alicia-
Yamin/publication/7262748_Not_just_a_tragedy_Access_to_medications_as_a_right_under_internatio
nal_law/links/0c960534d5d8331471000000/Not-just-a-tragedy-Access-to-medications-as-a-right-under-
international-law.pdf

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