Professor Ian Freckelton, AO KC, PhD, BA (Hons) LLB LLD

Abstract:

The 17 Sustainability Goals of the United Nations form an international basis for measuring the action taken by countries - poor, wealth and middle income - to promote prosperity while protecting the planet. They recognise that ending poverty must go hand-in-hand with adoption of strategies to build economic growth and address a range of social needs, including health, social protection and education, while tackling issues such as climate change and environmental protection.

The third of the goals relates to "Good Health and Well-Being". Amongst other things, it affirms the commitment to end the epidemics of AIDS, tuberculosis, malaria and other communicable diseases by 2030 and it aims to achieve universal health coverage and provide access to safe and affordable medicines and vaccines for all.

However, it has become apparent that there is a long way to go to realise these objectives. Moreover,  the COVID-19 pandemic has impeded progress  and childhood vaccination rates have latterly suffered a significant decline and tuberculosis and malaria cases have increased as against pre-pandemic levels. Recent political developments in relation to the provision of aid and the manufacture and distribution of medications internationally may also affect the achievement of Sustainability Goal Number Three.

This paper reviews issues relating to the achievement of Sustainability Goal Number Three, including by reference to the 2025 amendments to the World Health Organisation's International Health Regulations and its 2025 Pandemic Agreement. It also reviews key international decisions by superior courts in relation to  in public health law, reflecting on the extent to which the right to health and the Sustainability Goal in respect of health are achieving progress in enhancing member States' provision of adequate health care, including in the event of another, potentially worse, pandemic.