The Role of Law and Governance Reform in the Global Response to Non-Communicable Diseases

Globalization and Health, Vol.10, No. 44, pp. 1-18, 2014

Sydney Law School Research Paper No. 14/63

19 Pages Posted: 15 Jul 2014

See all articles by Roger Magnusson

Roger Magnusson

The University of Sydney Law School

David Patterson

Global Health Law Groningen Research Centre

Date Written: July 14, 2014

Abstract

Addressing non-communicable diseases (“NCDs”) and their risk-factors is one of the most powerful ways of improving longevity and healthy life expectancy for the foreseeable future – especially in low- and middle-income countries. This paper reviews the role of law and governance reform in that process. We highlight the need for a comprehensive approach that is grounded in the right to health and addresses three aspects: preventing NCDs and their risk factors, improving access to NCD treatments, and addressing the social impacts of illness. We highlight some of the major impediments to the passage and implementation of laws for the prevention and control of NCDs, and identify important practical steps that governments can take as they consider legal and governance reforms at country level. We review the emerging global architecture for NCDs, and emphasise the need for governance structures to harness the energy of civil society organisations and to create a global movement that influences the policy agenda at the country level. We also argue that the global monitoring framework would be more effective if it included key legal and policy indicators. The paper identifies priorities for technical legal assistance in implementing the WHO Global Action Plan for the Prevention and Control of NCDs 2013-2020. These include high-quality legal resources to assist countries to evaluate reform options, investment in legal capacity building, and global leadership to respond to the likely increase in requests by countries for technical legal assistance. We urge development agencies and other funders to recognise the need for development assistance in these areas. Throughout the paper, we point to global experience in dealing with HIV and draw out some relevant lessons for NCDs.

Keywords: Public health law, governance, Non-communicable diseases (NCDs), Global health governance, World Health Organisation

JEL Classification: K10, K30, K32, K3

Suggested Citation

Magnusson, Roger and Patterson, David, The Role of Law and Governance Reform in the Global Response to Non-Communicable Diseases (July 14, 2014). Globalization and Health, Vol.10, No. 44, pp. 1-18, 2014, Sydney Law School Research Paper No. 14/63, Available at SSRN: https://ssrn.com/abstract=2466198

Roger Magnusson (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

David Patterson

Global Health Law Groningen Research Centre ( email )

9700 AS Groningen
Netherlands

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
41
Abstract Views
380
PlumX Metrics