The Legal Enforceability of Articles 8.2 and 5.3 of the WHO Framework Convention on Tobacco Control: The Case of the Netherlands

Since 2005, the WHO FCTC is binding on the Netherlands. Since that time, the Dutch courts have addressed Articles 8.2 and 5.3 FCTC on three occasions. In this article, we review these three cases in order to analyze the legal enforceability of Articles 8.2 and 5.3 FCTC in the Netherlands. Special attention is paid to the role the guidelines and recommendations adopted by the Conference of the Parties played in these cases. We observe that the legal enforceability of both articles depends on the specific circumstances of the case. We argue that the Dutch courts should have given more careful consideration to the FCTC guidelines and recommendations

Adopting New International Health Instruments - What Can We Learn From the FCTC?:Comment on “The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?”

This Commentary forms a response to Nikogosian’s and Kickbusch’s forward-looking perspective about the legal strength of international health instruments. Building on their arguments, in this commentary we consider what we can learn from the Framework Convention on Tobacco Control (FCTC) for the adoption of new legal international health instruments

Covid-19 puts the spotlight on international law and Human Rights

Over the past months Covid-19 has forced you to stay at home and to think locally. Yet we should not lose sight of the international dimensions of this crisis. For students of international affairs in particular, it is important to realize that this crisis is very much a matter of international law. Two regimes are of specific importance in this crisis: the International Health Regulations of the WorldHealth Organization (2005) and international human rights law. In this contribution I will discuss their nature and their specific relevance in this crisis, as well as their interaction

Conclusions

The aim of this book has been to critically analyse the interface betweenhuman rights and tobacco control. As evidenced by a vast amount of scientificresearch, tobacco has a devastating impact on the lives, health and well-beingof many individuals in society. The production, sale and consumption oftobacco therefore raise important questions from the perspective of humanrights

States’ Resilience to Future Health Emergencies:Connecting the Dots between Core Obligations and Core Capacities

Covid-19 has put a spotlight on the responsibilities of States under the International Health Regulations and on State accountability in case of a breach.[1] In addition, there has been much debate about how measures to protect against Covid-19 infringe on the enjoyment of civil and political rights, in particular rights to privacy and freedom of movement.[2] It will be important to evaluate these matters carefully given the current crisis. While these approaches and dimensions are valuable, we should also look beyond this crisis and address country preparedness to future infectious disease outbreaks. To this end, this Reflection assesses how according to international law, all countries around the world are required to be prepared to respond to a future public health emergency. It does so from the perspective of the right to health as an economic and social right, in interaction with the International Health Regulations (IHR). This contribution is grounded in the understanding that Covid-19 reflects, in essence, a crisis of the right to health: because countries do not deliver the right to health as reflected by the IHR, many other problems including violations of international law arise

Law in the time of chronic disease

Chronic noncommunicable diseases (NCDs) including cancer, diabetes, cardiovascular and respiratory diseases are the most important public health challenge of our times. Four behavioral risk factors are at the root of these diseases: smoking, excessive use of alcohol, unhealthy diet and a lack of physical exercise.This inaugural lecture addresses the way in which international and domestic law can play a role in reducing these risk factors. Law is a powerful tool to be wielded in the effort to reduce unhealthy behavior in society and has the untapped potential to be applied more effectively in this context