European Union Global Health Law

Abstract

The European Union is an important player in global health issues. This paper firstly explains the concept of EU global health law and then examines a number of areas where the EU acts and may influence, directly or indirectly, global health issues (eg, trade, public health, health migration, development aid, and health security). What follows is an attempt to tie up the threads more systematically by advocating a Global Health Convention, based on human rights principles. Such a shared vision on global health law may help the EU and Member States to respond more effectively to global health challenges such as international trade, public health security and health threats. In line with EU Council Conclusions 2010, the focus is on four dominant areas of EU law, explained in more detail. The variety of measures and activities embodies: external trade and global health; EU health law and external relations; health migration and development initiatives; global health security: the emerging health/security nexus. Author conclude that examining the EU’s role in the global health debate, has revealed a ‘hodgepodge’ of legal issues, rather than a distinct body of rules reflecting a coherent framework of EU law. As a result, its role in the global health is largely influenced by other policy areas than health. What is missing is a common global health policy. Communication 2010 provided key elements of what reflects a fragmented, highly compartmentalised approach. Balancing international trade and other economic interests with global health issues requires a shared vision and strategy what is global health. Here, it is argued that the EU should take the lead in drafting such a common policy based on previous experiences in close collaboration with the key global health actor: the WHO. Formulating and implementing a global health treaty at Member State level, a Framework Convention on Global Health could respond to trade, in a more systematic and coherent manner, reflecting international health law principles and specifying State obligations.