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38 results

Page 1 of 2

  • The Proposed Pandemic Agreement: A Pivotal Moment for Global Health Law

  • Pedro A. Villarreal, Aeyal Gross, Alexandra Phelan
  • Journal:
    Journal of Law, Medicine & Ethics ,
    Published online by Cambridge University Press:
    21 March 2025, pp. 1-4
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  • This article discusses the prospects and pitfalls of a legally binding pandemic agreement under the auspices of the World Health Organization, currently under negotiation in Geneva. Such an agreement could foster a rules-based pandemic prevention, preparedness and response as a reaction to the failures by states during the COVID-19 pandemic, including a lack of effective coordination for sharing all kinds of data and the global inequity in the distribution of medical goods fueled by vaccine nationalism. Achieving these goals, however, will depend upon a meaningful engagement by delegations negotiating the agreement, a legally sound formulation of its provisions, and overcoming the currently pervasive emergency-bias in this field of global health law. Thus, as advocated by Lawrence Gostin in his seminal treatise on Global Health Law ten years ago, the pandemic agreement could help realize the transformative potential of law for facing one of the greatest health threats to humanity.

  • Promoting Vaccination from a Human Rights and Equity Perspective: Lessons from the Israeli “Green Pass”

  • Tamar LUSTER, Einat ALBIN, Aeyal GROSS, Miriam TABENKIN, Nadav DAVIDOVITCH, The COVID-19 and Human Rights Working Group
  • Journal:
    European Journal of Risk Regulation / Volume 12 / Issue 2 / June 2021
    Published online by Cambridge University Press:
    18 August 2021, pp. 308-320

  • Israel’s vaccination percentage was among the highest recorded worldwide. The Israeli government opted for a model using a proof-of-vaccine document (“Green Pass”). However, the “Green Pass” policy raises practical, legal and ethical concerns. While immunisation passports could be utilised to protect one’s health, significant legal difficulties arise from their usage as a vaccination encouragement scheme. Protecting health is a proper purpose, particularly as minimising the pandemic ameliorates the human rights violations that stem from the COVID-19 response, enables individuals to return to their daily lives and enhances economic activity. However, any privileges or restrictions guided by one’s COVID-19 immunisation status must be designed with the utmost attention to prevent a disproportionate violation of the human rights of the non-vaccinated and the public at large. Furthermore, as “Green Pass” policies might entrench existing discriminatory structures, ensuring equality is vital in moving forward. By exploring two case studies – labour rights and the right to privacy – we demonstrate the legal and public implications of the “Green Pass” regime. Despite the removal of the “Green Pass” in Israel, discussions continue regarding its modified reimplementation. The wider implications of the model might extend beyond its specific legal arrangements and limited temporal phase, requiring us to bring long-term public health into consideration.

The Writing on the Wall
  • Rethinking the International Law of Occupation
  • Aeyal Gross
  • Published online:
    11 May 2017
    Print publication:
    24 March 2017
  • As Israel's control of the Occupied Palestinian Territory nears its fiftieth anniversary, The Writing on the Wall offers a critical perspective on the international law of occupation. Advocating a normative and functional approach to occupation and to the question of when it exists, it analyzes the application of humanitarian and human rights law, pointing to the risk of using the law of occupation in its current version to legitimize new variations of conquest and colonialism. The book points to the need for reconsidering the law of occupation in light of changing forms of control, such as those evident in Gaza. Although the Israeli occupation is a main focal point, the book broadens its compass to look at other cases, such as Iraq, Northern Cyprus, and Western Sahara, highlighting the role that international law plays in all of these cases.

The Right to Health at the Public/Private Divide
  • A Global Comparative Study
  • Edited by Colleen M. Flood, Aeyal Gross
  • Published online:
    05 May 2014
    Print publication:
    28 April 2014
  • Through a comparative global study of countries from all continents representing a diversity of health, legal, political, and economic systems, this book explores the role of health rights in advancing greater equality through access to health care. Does health care promote equality, or does it in fact advance the opposite result? Does inserting the idea of 'the right to health' into health systems allow the reinsertion of public values into systems that are undergoing privatization? Or does it allow for private claims to be re-articulated as 'rights', in a way that actually reinforces inequality? This volume includes studies from countries such as the United States, United Kingdom, Brazil, Canada, The Netherlands, China, and Nigeria, among many others, and authors with expertise in the legal and health systems of their countries, making this a seminal study that allows readers to see the differing role of rights in various health systems.

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