Right to Health and Obligation of Prompt Notification: Possible China’s International Responsibility in Relation to Covid-19

Resumo

The international community has raised criticisms regarding the lack of adequate information provided by the Chinese government in the early stages of the Covid-19 pandemic, concerning the risks related to the outbreak and the means to prevent its spread. This contribution focuses on the international obligations that China potentially breached due to such an omission, addressing three of them, the obligations arising from Article 12 of the International Covenant on Economic, Social and Cultural Rights (on the right to health), Article 63 of the World Health Organization Constitution and Article 6 of the International Health Regulations (both imposing prompt notification duties). While it does not seem problematic to attribute these omissions to China, the latter could hardly be sued before an international tribunal due to legal and political evaluations, mainly because to the absence of a declaration of acceptance of international jurisdiction by China.