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The World Health Organization

Chapter Sixty-Six

Syllabus topic 4.1, the health organisation under "Contemporary and Allied Laws under International Laws"

Pages 492 to 503 of 612

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The World Health Organization is the specialized agency directing international health work, and article 21 gives its Health Assembly a power no other agency has: to adopt regulations that come into force for all Members except those that opt out.

The Constitution and its Preamble

The Constitution was adopted by the International Health Conference held in New York from 19 June to 22 July 1946, signed on 22 July 1946 by the representatives of 61 States, and entered into force on 7 April 1948. Amendments adopted by the Health Assembly came into force in 1977, 1984, 1994 and 2005 and are incorporated in the text. The seat is at Geneva.

The Preamble declares, in conformity with the Charter, that the following principles are basic to the happiness, harmonious relations and security of all peoples:

Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.

The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition.

The health of all peoples is fundamental to the attainment of peace and security and is dependent upon the fullest cooperation of individuals and States.

The achievement of any State in the promotion and protection of health is of value to all.

Unequal development in different countries in the promotion of health and control of disease, especially communicable disease, is a common danger.

Healthy development of the child is of basic importance, and the ability to live harmoniously in a changing total environment is essential to it.

The extension to all peoples of the benefits of medical, psychological and related knowledge is essential to the fullest attainment of health.

Informed opinion and active cooperation on the part of the public are of the utmost importance in improving health.

Governments have a responsibility for the health of their peoples which can be fulfilled only by the provision of adequate health and social measures.

Accepting these principles, the Contracting Parties establish the World Health Organization as a specialized agency within the terms of article 57 of the Charter.

The two definitions in the Preamble are the ones examiners ask for. The definition of health as complete physical, mental and social well-being and not merely the absence of disease or infirmity is the widest definition in any constituent instrument, and it is what lets the Organization work on nutrition, housing, working conditions and mental health under article 2. And the statement that the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being is the earliest treaty statement of a right to health, made two years before the Universal Declaration, and it is the ancestor of article 12 of the International Covenant on Economic, Social and Cultural Rights.

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