Edited by Gian Luca Burci and Brigit Toebes
Chapter 14: Global health law and obesity: towards a complementary approach of public health and human rights law
This chapter explores the role of global health law in combating the transnational drivers of obesity. It asserts that greater interaction between international public health and human rights law could ensure a more robust approach. The chapter details the approach of the World Health Organization (WHO) to obesity prevention, as well as States’ obligations under the rights to health and adequate food. States’ obligations under the Convention on the Rights of the Child (CRC) are also explored. It is asserted that human rights law strengthens and legalises the public health measures recommended by the World Health Organization. Furthermore, the chapter explores the limitations on the scope of human rights obligations, including an analysis of stigmatisation and discrimination of persons with obesity. States’ competing obligations under international trade law and European Union (EU) free movement law are also introduced. In light of these challenges, we argue that public health and human rights approaches must be concretised.
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