Editing Implications of the Pandemic, Part 1 (section)

==== Health as a Human Right? ====
Health has been recognized as a second generation human right since the adoption of the Constitution of the World Health Organization, and reinforced by numerous treaties since. Though long been recognized internationally, an exception is the United States, where the right is not enforceable, alongside the right to access health care which is only partially funded by the federal government. Furthermore, there is apprehension about the free exchange of information and global actors that stand to profit exponentially with each pandemic. It is concerning that the most important global policy debate – one over intellectual property rights related to vaccines, their testing, and treatment – took place inside a commerce body, the World Trade Organization (WTO), with little regard for the right to health mounting death rates, rather than at the WHO. This clearly points us to the fact that the concept of the right to health in International law remains that — just a concept — to be put aside at critical moments in favor of commercial interests.