The Impending Impediments of International Pandemic Treaties: A Stalemate to Combat Global Health Emergencies

Abstract

The coronavirus outbreak of 2019 revealed fundamental deficiencies in worldwide health administration systems, highlighting the necessity of establishing mandatory legal structures to ensure equitable, just, and resilient responses to future pandemics. In response, the International Treaty on Pandemic Prevention, Preparedness, and Response, proposed by the World Health Organization (WHO), and backed by 194 member nations, seeks to establish a robust international mechanism to safeguard public health while upholding fundamental human rights. However, tensions surrounding sovereignty, resource allocation, and enforcement mechanisms have hindered progress in finalizing and implementing this treaty.  This paper critically examines the human rights implications of treaty-based pandemic responses, with a focus on lessons from the Pandemic Treaty and International Health Regulations (IHR). The discussion explores the scope, objectives, and legal complexities of these frameworks in ensuring universal access to healthcare, equitable vaccine distribution, and protection of vulnerable populations.
A key challenge lies in reconciling state sovereignty with international obligations, particularly in balancing public health measures with civil liberties. Additionally, concerns over intellectual property rights, equitable sharing of medical resources, and disparities in healthcare infrastructure remain unresolved, particularly for low and middle-income countries (LMICs). The study hypothesizes that a human rights-centered approach to pandemic governance, grounded in equity, justice, and international solidarity, is essential for fostering global health resilience. It argues for a “Framework Convention + Protocol” model, ensuring transparency, accountability, and fair resource distribution through strengthened international cooperation and legal enforcement mechanisms. By learning from past shortcomings, the international community must strive toward a pandemic treaty that prioritizes public health without compromising human rights, fostering a more inclusive and sustainable global health system. The paper concludes with policy recommendations for enhancing human rights protections in pandemic responses, calling for a multi-stakeholder approach to ensure the treaty’s success.