International Health Regulations (IHR)

The International Health Regulations (2005) (IHR) govern international collaboration to control any events (natural, deliberate or accidental) which pose a threat to public health (infectious diseases, biological or chemical agents, ionising radiation). They also provide a regulatory framework for WHO to declare a Public Health Emergency of International Concern (PHEIC). One of the main objectives of the IHR is to combat the global spread of infectious diseases without unnecessarily restricting the free movement of persons and goods.

Frequently Asked Questions (FAQ)

Global entry-into-effect and adoption in Switzerland

The IHR in their revised edition of 2005 came into force at international level on 15 June 2007. The Swiss Federal Council approved the regulations without any reservations, and designated the FOPH’s Communicable Diseases Division as Switzerland’s focal point. The Epidemics Act has incorporated the IHR (2005) since 2016, and governs their application in Switzerland.

Amendments to the IHR

On 1 June 2024 the World Health Assembly (WHA) adopted amendments to the IHR (2005) by consensus. Switzerland actively engaged in the negotiations, effectively advocating for its interests. The amendments were negotiated by the Working Group on Amendments to the IHR (WGIHR), comprising representatives from the 196 IHR State Parties. All pertinent official documentation related to this process is accessible on the website of WHO.

WHO officially notified the amendments to the States Parties on 19 September 2024. The amendments are currently available in the 6 official UN languages (French, English, Spanish, Arabic, Chinese and Russian). The translations into German and Italian are in progress.

The outcomes of the negotiations include the strengthening of the core capacities for the prevention, preparedness and response to public health emergencies, the establishment of an additional level of alert, an improved exchange between States Parties and WHO, as well as the strengthening of international collaboration.

While the adoption of the amendments by the WHA is a crucial step, it does not automatically bind Switzerland to their implementation. The Swiss government will undertake a thorough review process in accordance with its national procedures and constitutional and legal framework to determine whether to accept or reject these amendments.

The Federal Council has launched a consultation procedure on the amendments to the IHR, in order to account of the interest on this topic by the public. Such a consultation already took place for the revision of the IHR in 2005. The consultation procedure will run until the 27th February 2005.

Switzerland will continue to retains full sovereignty over its own health policy and over the measures required during a PHEIC, as well as during a pandemic.

In Switzerland, fundamental rights are protected at all times by the Federal Constitution and by international law – in particular the European Convention on Human rights. Switzerland does not enter into any international treaties that would violate these fundamental rights.

Frequently Asked Questions (FAQ)

What are the IHR?

The IHR govern collaboration on controlling the international spread of diseases. This involves, for example, surveillance and reporting systems for communicable diseases. The IHR, originally established in 1951, have since undergone several revisions, most recently in 2005.

The core capacity requirements of the IHR (2005) concern the structures and resources which countries should have available so that they can respond to public health emergencies. Switzerland is, however, free to implement the core capacities in accordance with its national legal framework.

In Switzerland, fundamental rights such as freedom of expression are protected at all times by the Federal Constitution and by international law – in particular, the European Convention on Human Rights. Switzerland does not enter into any international treaties that would violate these fundamental rights.

What do the amendments to the IHR involve?

The amendments are designed to further improve the response to future disease outbreaks. For example, collaboration between member states and the WHO is to be strengthened. Countries are to receive greater support from the WHO in investigating outbreaks of disease of unknown causes or sources. In addition, the sharing of information by the WHO on events of potential concern is to be improved.

How will the amendments affect Switzerland?

The FOPH, together with all the other federal authorities concerned, has carefully analysed the effects of the amendments on Switzerland and determined that Switzerland already has the required capacities for prevention, preparedness and response to public health emergencies, as defined in the amended IHR. No amendments to legislation are necessary in order to implement the amendments to the IHR in Switzerland.
The obligations arising from the amendments can be fulfilled on the basis of existing structures and resources.

Can the WHO impose measures on Switzerland through the IHR?

The WHO can already, as it did during the Covid-19 pandemic, make recommendations to member states concerning, for example, pandemic control measures. However, these are not legally binding on member states.
The WHO cannot prescribe to individual countries what measures are to be taken during a pandemic. Responsibility for health policy rests with member states. In the future, Switzerland will retain sovereignty over its own health policy and pandemic control measures.

Can the WHO order mandatory vaccination?

The question of mandatory vaccination does not arise in relation to the amendments to the IHR. The WHO can already, as it did during the Covid 19 pandemic, make recommendations to member states concerning, for example, pandemic control measures. However, these are not legally binding.

Can the WHO declare a pandemic?

A communicable disease is declared as a pandemic by the WHO in accordance with the criteria for a “public health emergency of international concern”, as specified in the IHR.

Under the current Epidemics Act, the declaration of such an emergency by the WHO does not automatically lead to the declaration of a “special situation” in Switzerland. A case in point was the 2015–2016 Zika virus epidemic, where a special situation was not declared in Switzerland. A prerequisite for a special situation in Switzerland is an assessment of the risk situation in this country, conducted by the Federal Council.

The Federal Council is not obliged to implement the recommendations of the WHO and thus retains sovereignty in assessing the situation at the national level.

Are the International Health Regulations the same as the WHO pandemic accord?

These are two separate processes and instruments under discussion by WHO member states.

The negotiations on amendments to the IHR have been completed. These consist of technical amendments to an existing treaty, which has been applied by Switzerland since the 1950s in order to prevent the spread of infectious diseases.

By contrast, the WHO pandemic accord is a new instrument designed to strengthen international collaboration on pandemic preparedness and response. This negotiation process has not yet been completed by WHO member states.