Publication details
"La protección contra epidemias y pandemias como una manifestación del derecho a la salud desde una perspectiva de gobernanza global", Gobernanza global y cambio estructural del orden jurídico mexicano, Mexico, 2016
Book chapter
Author(s): Villarreal, Pedro
Year of publication: 2016
Abstract: This chapter looks at how the human right to health, namely regarding the protection against epidemics and pandemics, entails a clash between the collective and the individual dimensions. In order to protect the public's health, it is necessary to restrict individual rights such as the right to freedom of movement, and at times even the right to a due process. However, the criterion for assessing this balance in particular cases may stem from legally binding and non-binding acts of international organizations such as the World Health Organization. This was witnessed in events such as the H1N1 Influenza Pandemic or the West African Ebola crisis. Therefore, this contribution argues that the criteria for shaping, promoting or even restricting human rights need a broader approach. In this sense, insights from the notion of global governance become useful for further defining the balance between the collective and individual dimensions of human rights.
Keywords: Global Governance, Right to Health, Pandemics
Research area: Research Area 3: The Plurality of Normative Orders: Competition, Overlapping, InterconnectionResearch project: The Exercise of Public Authority on the International, Supranational, and Domestic Levels: Reconstructing Public Law to Face the Challenges of Multilevel Governance
Subject(s): lawFurther information: Only in Spanish
Full text: https://archivos.juridicas.unam.mx/www/bjv/libros/9/4095/19.pdf
