cover image: A joint publication by the Canadian Security Research Group and the Macdonald-Laurier Institute

A joint publication by the Canadian Security Research Group and the Macdonald-Laurier Institute

14 Jul 2020

Breaches of the ICESCR are referred to the Office of the High Commissioner for Human Rights (OHCHR); breaches of the IHR are re- ferred to the WHO or the Health Assembly; breaches of the Rome Statute may be investigated at the International Criminal Court (ICC); and breaches of 12 NOT IMMUNE: EXPLORING LIABILITY OF AUTHORITARIAN REGIMES FOR THE COVID-19 PANDEMIC AND ITS COVER-UP the Biological Wea. [...] Article 2.1 of the ICESCR requires states parties to take the necessary steps “to the maximum of [their] available resources.”23 If a state is “unwilling to use the maximum of its available resources for the realization of the right to health,” it is in violation of its international legal obligations.24 Violations of the obligation to respect the right to health include state actions or policies. [...] The WHO is the international body re- sponsible for “the management of the global regime for the control of the international spread of disease,” and the WHO Constitution provides the WHO with the authority to adopt regulations “designed to prevent the in- ternational spread of disease.”29 The IHR are one such body of regulations adopted by the WHO. [...] Among those are the obligations to respect, protect, and fulfil the right to health (ICESCR); the obligations to notify the World Health Organization of certain public health events and collaborate with other states in the detection of and response to those events (IHR); the obligations to cooperate with the International Criminal Court (ICC) in the investigation and prosecution of crimes against. [...] the use of specified property; (b) the designation and securing of protected places; (c) the assumption of the control, and the restoration and maintenance, of public utilities and services; (d) the authorization of or direction to any person, or any person of a class of persons, to render essential services of a type that that person, or a person of that class, is competent to provide and the pro.

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138
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Canada