A Global Legal Architecture to Address the Challenges of the International Migration of Health Workers

This chapter reviews the role that international organizations can play in the globalization of health care, by giving a detailed account of the negotiations giving rise to the May 2010 adoption by the World Health Assembly (WHA) of the World Health Organization (WHO) Global Code of Practice on the International Recruitment of Health Personnel. The first draft of the Code had recommended voluntary measures to promote national compliance. The adoption of the WHO Global Code has been regarded as one of the major achievements of the Health Assembly. The Code comprises procedural mechanisms to advance implementation that are more potent than those incorporated in the Framework Convention on Tobacco Control (FCTC). Despite the goodwill and multilateral spirit exhibited as part of the WHO Global Code adoption process, there is real danger that the norms formulated in the WHO Global Code may not be reflected in national and international laws, policies, and programs.

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