코로나19와 국제보건규칙의 대응: 그 한계와 문제점을 중심으로

In 2005, the World Health Organization formed the current legal framework for preventing, defending, managing and responding to a ‘public health emergency of international concern’ (PHEIC) by adopting the International Health Regulations (2005) which completely revised the former International Health Regulations. The IHR (2005) are designed to protect human rights in public health response and achieve a higher level of global health security while avoiding unnecessary interference with international traffic and trade. However, in the event of Coronavirus disease (COVID-19), the IHR (2005) have not functioned properly as the number of countries violating the regulations is increasing. Given the serious threat posed by infectious diseases, implementing the IHR (2005) while maintaining the core values ​​of rule of law, human rights, solidarity and cooperation is important to control the spread of COVID-19 and to prevent and respond to infectious diseases in the future. This article reviews four issues that have been particularly highlighted during the COVID-19 crisis, among the problems that have continually arisen since the revised IHR were adopted in 2005. First, the issue of non-compliance with a State Party’s obligations of notification and providing information under the IHR (2005) is reviewed. At the same time, the measures to strengthen compliance with the obligations of State Parties are addressed. Second, this article examines a PHEIC under the IHR (2005). To strengthen the appropriateness of the timing and standards for declaration of a PHEIC, the article looks for ways to increase the transparency and objectivity of the process for determining a PHEIC. Third, the health measures taken by State Parties are assessed according to the World Health Organization's temporary recommendations under the IHR (2005). Finally, the WHO’s chronic financial difficulties and the lack of funds to cope with infectious diseases are discussed. The COVID-19 outbreak has shown the IHR (2005) to be ineffective in responding to infectious diseases constituting a PHEIC, while also revealing that a State's independent health measures alone are inadequate to respond to an infectious disease pandemic. It is now urgent to reform the entire structure of international health norms, including IHR (2005), in order to ensure everyone's ‘highest attainable standard of health’ in the face of COVID-19 and future diseases.