International Health Regulation

 Do we have any international health rules and regulation to handle worldwide health issue or

problem??? The answer is yes. IHR is a kind of legally binding international treaty or agreement

entered into by WHO an UN leading agency and other states. The International Health

Regulations (IHRs) prepared and issued by WHO for the protection of an individual’s health and

to regulate global health system in the world. The main object of issuing IHRs is to control,

safeguard or stop or prevent spread of various diseases worldwide or cross border country and

to restrict public health risk. Another object of IHRs is to evade needless intrusion with global

traffic and trade". 

All worldwide health matters are coordinated by WHO since 198 within the system of the United

Nations. WHO is also responsible to shape the provisions of health matters across the globe by

way of issuing IHRs. International Health Regulations (IHRs) were earlier known as the

International Sanitary Regulation (ISR) which were issued by WHO in 1951 against six major

diseases like- cholera, plague, relapsing fever, smallpox, typhoid and yellow fever across the

globe. ISRs are renamed in 1969 as International Health Regulations IHRs. IHRs were amended

in 1973 and 1981 to include more provisions of cholera and to delisted smallpox from the list

due to global eradication of smallpox that time. Due to some inherent issues and limitation or

restrictions IHRs were thoroughly revised in 1995. Inherent issues were notified as very less

diseases were notified. New viral diseases are coming out which are more infectious. Some viral

diseases are returning with more infections. States do have reliance on government notification

of viral diseases, and lack of Global machinery to prevent reach of disease.

Again in 2005, various provisions of IHRs were changed due to the eruption of SARS. After the

amendment in IHRs a text (document) was published namely "The Principles Embodying the

IHR". This document states that with the dignity, human rights and fundamental freedom of

persons, guided by the charter of the United Nations , the Constitution of the WHO, the goal of

their universal application for the protection of all people worldwide from the global spread of

disease, States have the sovereign right to legislate and to implement legislation in pursuance of

their health policies.

New provisions of IHRs, empowered States to enact the municipal law in pursuance of their

health, but keep in mind the object of IHRs and doing so, States should uphold the rationale of

these regulations. So we can say The IHR develop out of the response to deadly epidemics that

once spread over the world. They generate rights and obligations for States, including the

requirement to report public health actions. The Regulations also drafted the standard or

guidelines to establish whether a particular occurrence or incident constitutes a “public health

emergency of international concern or not”.  Finally the amended IHRs came into on 2007 and

are binding on signatory states Parties, including all Member States of WHO. All signatory and

members states accepted that certain public health incidents or occurrences, which ought to be

designated as a public health Emergency of international centre (PHEIC), as they create a major

global threat. 

A PHEIC is defined as, “an extraordinary event which is determined to constitute a public health

hazard to other States through the worldwide spread of disease and to probably require a

coordinated global response”. This definition entails a situation that is grave, unexpected,

strange or unforeseen, carries inferences for public health beyond the affected State's

geographical border and may necessitate instant worldwide action.

Since 2007, the WHO has confirmed public health disasters of worldwide concern. For example

its major application were in response to the swine flu pandemic (known H1N1) in 2009, slow

down in global polio eradication efforts during 2014, Ebola virus epidemic in western African

during 2013 to 2016 and during 2018–19, Zika virus eruption during 2016, eruption of COVID

19 pandemic, 2 nd (vita mutant) and 3 rd phase (omicron mutant) of COVID 19, which is facing by

all of the world presently since 2020. To handle COVID 19 as precaution the IHRs require

States to assign a countrywide IHR central spot for interactions with WHO, to establish and

maintain system of mechanism to watch, observe and response. The IHRs are also introduced to

safeguards or protect the rights of travelers, it address the areas of global travel and transport as

the health certificate required for global traffic. Although IHRs are doing well for world but need

to do more things without any discretion by WHO to protect the health of people of at world

level.

Prof.(Dr.) Pallavi Gupta

HOD JEMTEC School of Law