Ordo Iuris in defense of state sovereignty. Public hearings on the international anti-pandemic agreement

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· The World Health Organization is working on the international anti-pandemic instrument.

· According to the initial assumptions, WHO could take over some of the competences of sovereign states, acting as a coordinating body for global health issues.

· The first session of public consultations organized by the Intergovernmental Negotiating Body set up by the WHO took place on April 12 and 13.

· The Ordo Iuris Institute took part in the public hearings, pointing to the need to preserve the sovereignty of states in the field of pandemic management and stressing the need to ensure a free scientific debate.

Ordo Iuris expressed the need to preserve the principle of subsidiarity and the autonomy of states in the regarded area. Foundation also called for the protection of the freedom of scientific debate, bringing the example of courageous doctors who, at risk of their reputation and career, voiced opinions that differed from the mainstream. The Institute also criticized the censorship tendencies present in some media as harmful to the public health interest. In Ordo Iuris opinion, expert discussion and exchange of experiences should be properly protected as a value serving the common good.

The event was also attended by some other organizations that uttered similar views on the need to maintain the pandemic management at the state level, thus preferring the auxiliary and not binding role of WHO recommendations. Dr Silvia Behrendt from the Global Health Responsibility Agency, former legal consultant to IHR Secretariat at WHO, criticized the disproportionate restrictions applied by some governments and called for protection against such practices. She also called for ban on mandating vaccination and other medical products undergoing clinical trials.

- One of our concerns is to guarantee freedom of science, so researchers are free to develop and discuss their hypotheses and research. This freedom has shown itself to be very beneficial, especially in the context of recent years. Confrontation of ideas, discussing studies and exchange of experiences should be promoted in the interest of public health. - said Michał Pełka, Analyst of the Ordo Iuris Institute International Law Center.

The second round of public hearings is scheduled for June 16-17 this year. The guiding question for the next round is not yet available.

Earlier this year, the Institute published an analysis in which it points out that, in accordance with the Constitution of the Republic of Poland, it is possible delegate to an international organization or international institution the competence of organs of State authority in relation to certain matters. However, it would have to happen with the consent of citizens, expressed in a national referendum or by an act supported by the Sejm by a two-thirds majority vote in the presence of at least half of the statutory number of deputies, and by the Senate by a two-thirds majority vote in the presence of at least half of the statutory number of Senators.