Indicators and the international protection of health-related human rights. A study of the World Health Organization’s practices during the COVID-19 pandemic

Abstract

The dissertation examines the role of indicators in shaping the interpretation and implementation of health-related human rights, with particular emphasis on the practice of the World Health Organization in the context of COVID-19. The crisis exposed structural weaknesses of global health governance, reflected in fragmented state responses and the limited capacity of international institutions to ensure coordinated action. Although formally mandated to provide leadership, the WHO operated under significant political and financial constraints, which reduced its ability to secure compliance with its recommendations. As a result, the Organization increasingly relied on various regulatory instruments, including guidelines, expert assessments and indicators, in order to steer state behaviour. The study investigates whether indicators function merely as interpretative tools or whether they actively shape the substance and application of legal obligations. Given the inherent indeterminacy of health-related human rights, indicators are analysed as instruments capable of translating abstract legal standards into measurable expectations. However, their use raises concerns regarding simplification and selectivity. Indicators are thus situated at the intersection of law and governance, demonstrating their dual legal and epistemic effects.The findings suggest that indicators not only influence compliance assessment but also shape the understanding of obligations themselves. Ultimately, the dissertation argues that indicators have a constitutive role in contemporary international law, while emphasizing the need for their critical and responsible use to ensure that quantification supports, rather than distorts, the realisation of human rights.