PHA-Exch> The Duty of States to Assist Other States in Need: Ethics, Human Rights, and International Law

[Claudio Schuftan]

From: Ruggiero, Mrs. Ana Lucia (WDC) <ruglucia at paho.org>
crossposted from: EQUIDAD at listserv.paho.org

 *The Duty of States to Assist Other States in Need: Ethics, Human Rights,
and International Law  *



LAWRENCE O. GOSTIN - Georgetown University Law Center - O'Neill Institute
for National and Global Health Law; Georgetown University Law Center

ROBERT ARCHER - International Council on Human Rights Policy

*Journal of Law, Medicine & Ethics, Vol. 35, p. 526, 2007 *

*Georgetown** Law and Economics Research Paper No. 7  *



Available online at:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1095769



"……This article deals with a foreign policy question of extraordinary
importance: What responsibilities do States have to provide economic and
technical assistance to other states that have high levels of need affecting
the health and life of their citizens? The question is important for a
variety of reasons. There exist massive inequalities in health globally,
with the result that poorer countries shoulder a disproportionate burden of
disease and premature death. While poor countries have by far the greatest
ongoing health needs, they also have the least capacity to meet those needs.
In addition to the pervasive and debilitating effects of endemic disease,
developing countries are likely to suffer much more from the effects of
acute health hazards, ranging from natural disasters and dislocations to
emerging infectious diseases.



Certainly, governments and philanthropic organizations have responded to
highly visible natural disasters, droughts, and famines - at least while the
issue remains salient in the media. And there has been increased
international assistance for high-profile health threats such as AIDS and
pandemic influenza. Even factoring in these new investments, most OECD
countries have not come close to fulfilling their pledges to donate 0.7% of
Gross National Income per annum.



The question then arises, if states have the capacity to assist less
developed states (while continuing to fulfill their obligations to the
health of their own citizens) to what extent do they have a well-defined
legal or ethical responsibility to do so? We claim that States have a
responsibility to help, derived from international law, political
commitments, ethical values, and national interest. However, international
law does not enable states to operationalize this responsibility in specific
cases and in a transparent manner. As a result, transnational cooperation by
states tends to be ineffectual and inconsistent - although states can and
sometimes do act effectively when ethical and legal responsibilities and
commitments align with self-interest. …."
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