Decree No. 189 / 1948 Coll.
Decree on the establishment and Constitution of the World Health Organisation and on the Protocol on the International Health Authority, adopted on 22 July 1946 at the International Health Conference in New York
Valid
Effective from 22.07.1946
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189.
Decree of the Minister for Foreign Affairs
of 21 May 1948
on the establishment and Constitution of the World Health Organisation and on the Protocol on the International Health Authority, adopted on 22 July 1946 at the International Health Conference in New York.
Governments represented at an international health conference held under the auspices of the United Nations from 19 June to 22 July 1946 in New York, on 22 July 1946:
1. have negotiated an Agreement establishing a Interim Commission for the World Health Organisation.
This Agreement has been signed
No reservations: Argentina, the Soviet Socialist Republic of Belarus, Bolivia, Brazil, Costa Rica, China, Dominican Republic, Ecuador, Egypt, Ethiopia, Philippines, Finland, France, Haiti, Honduras, Chile, India, Iraq, Iran, Ireland, Italy, Canada, Colombia, Lebanon, Liberia, Mexico, Paraguay, Peru, Poland, Portugal, Greece, Saudi Arabia, Siam, United Kingdom of Great Britain and Northern Ireland, United States of America, the Federation of Soviet Socialist Republics, Syria, Switzerland, Turkey, the Soviet Socialist Republic of Ukraine and ZaJordan.
Subject to ratification: Australia, Belgium, the Czechoslovak Republic, Denmark, Guatemala, South Africa, Cuba, Luxembourg, Nicaragua, the Netherlands, Norway, New Zealand, Panama and El Salvador.
This Agreement, according to point 12 thereof, entered into force for all signatories on 22 July 1946;
2. Adopt the Constitution of the World Health Organisation, which will remain open for all States to sign or access under Article 78; pursuant to Article 80, the Constitution shall become effective when up to 26 members of the United Nations become Contracting Parties in accordance with Article 79;
The Constitution has been signed or acceded to:
Member States of the United Nations, namely Australia, Belarus, Soviet Socialist Republic, Czechoslovakia, China, Egypt, Ethiopia, Haiti, India, Iraq, Iran, South Africa Union, Jugoslavia, Canada, Liberia, Mexico, the Netherlands, Norway, New Zealand, Greece, Saudi Arabia, Siam, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics, Syria, Sweden, Turkey and the Ukrainian Soviet Socialist Republic;
States not members of the United Nations, namely Albania, Finland, Ireland, Italy, Portugal, Austria, Switzerland and Zajordan.
The Constitution of the World Health Organisation took effect on 7 April 1948 pursuant to Article 80 thereof;
3. Adopt the Protocol on the International Public Health Office, which will take effect in accordance with Article 7, up to 20 governments which are Contracting Parties to the Agreement signed in Rome on 9 December 1907 will become Contracting Parties to this Protocol.
The Protocol was signed or acceded to
States Parties to the Agreement signed in Rome on 9 December 1907: Australia, Bolivia, Czechoslovakia, Denmark, Egypt, Philippines, India, Iraq, Iran, Ireland, Italy, Jugoslavia, Canada, Mexico, the Netherlands, Norway, New Zealand, Poland, Austria, the United Kingdom of Great Britain and Northern Ireland, the United States of North America, the Union of Soviet Socialist Republics, Sweden, Switzerland and Turkey;
States not Parties to the Agreement signed in Rome on 9 December 1907, namely Albania, the Republic of Belarus, the Soviet Socialist Republic, Bulgaria, Costa Rica, China, Ethiopia, Finland, Haiti, South Africa, Colombia, Greece, Saudi Arabia, Siam, the Ukrainian Soviet Socialist Republic and Zajordan.
The Protocol adopted took effect on 20 October 1947 pursuant to Article 7 thereof.
The Constitutional National Assembly gave its assent to the Constitution of the World Health Organisation and the Protocol on the International Public Health Office, and this Constitution and the Protocol were ratified by the President of the Republic on 25 November 1947.
The instrument of ratification was deposited with the Secretary-General of the United Nations on 1 March 1948.
The Constitution of the World Health Organisation became effective for the Czechoslovak Republic on the day it entered into international effect, i.e. 7 April 1948.
The Protocol on the International Public Health Office entered into force for the Czech Republic on the date of deposit of the instrument of ratification with the Secretary-General of the United Nations, i.e. 1 March 1948.
The Agreement, the Constitution and the Protocol have been negotiated in English, Chinese, French, Russian and Spanish. It will be announced in the Official Journal where it will be possible to purchase a publication containing their original text.
The English translation of the Agreement, the Constitution and the Protocol shall be published in the Annex to this Decree.
Dr Clementis v. r.
Annex to Decree No. 189 / 1948 Coll.
(Translation)
Agreement
negotiated by governments represented at the International Health Conference held in New York from 19 June to 22 July 1946.
Governments represented at the International Health Conference, convened on 19 June 1946 to New York by the Economic and Social Council of the United Nations when
agree to establish an international organisation called the World Health Organisation;
agree today on a Constitution for the World Health Organisation; and
decide to set up, for as long as the Constitution does not take effect and the World Health Organisation as provided for in the Constitution, a Interim Commission,
ARRANGEMENTS THIS:
1. A World Health Organisation Interim Commission is hereby established, consisting of 18 States called upon to designate representatives, including:
Australia, Brazil, Canada, China, Egypt, France, India, Liberia, Mexico, Holland, Norway, Peru, the Soviet Republic, the United Kingdom, the United States of America, the Union of Soviet Socialist Republics, Venezuela and Jugoslavia.
Each of these States shall designate a person competent in medical matters to be accompanied by representatives and advisers on the Interim Commission.
2. The interim committee will have the task of:
(a) convene, as soon as possible, the first meeting of the World Health Assembly, but no later than six months after the date on which the Constitution of the Organisation takes effect;
(b) prepare and submit to the signatories of this Agreement at least six weeks before the first meeting of the World Health Assembly the provisional agenda of the meeting and the necessary documents and recommendations concerning it, including:
(i) proposals on the programme and budget for the first year of Organisation;
(ii) studies on the location of the seat of the Organisation;
(iii) studies by the parties to the establishment of geographical areas in which regional organisations under Chapter XI of the Constitution would be established after the case, taking due account of the views of governments under way; and
(iii) the draft financial and official rules for the approval of the Health Assembly.
In implementing the provisions of this paragraph, due attention shall be paid to the meetings of the International Health Conference;
(c) to open negotiations with the United Nations for the purpose of preparing an agreement or agreements under Article 57 of the Charter of the United Nations and Article 69 of the Constitution. Such an agreement or agreement,
(i) establish principles on effective cooperation between the two organisations in the pursuit of their common objectives;
(ii) facilitate, in accordance with Article 58 of the Charter, the alignment of the programmes and activities of the Organisation and other special bodies;
(iii) recognise at the same time the self-administration of the Organisation in its field of competence, as provided for by the Constitution;
(d) take all measures necessary to transfer the tasks, activities and assets of the Health Organisation of the Community of Nations assigned to the United Nations to the Interim Commission;
(e) to take all measures required under the provisions of the Protocol on the International Public Health Office, signed on 22 July 1946, to transfer the duties and tasks of the Office to the Interim Commission and to take action to facilitate the transfer of the Office's assets and liabilities to the World Health Organisation when the Rome Agreement of 1907 expires;
(f) take all measures necessary for the Joint Commission to take over the duties and tasks entrusted to UNRRA by the International Health Convention of 1944, amending the International Health Convention of 21 June 1926, the Protocol extending the International Health Convention of 1944, the 1944 International Air Transport Convention amending the International Health Convention of 12 April 1933 and the Protocol extending the International Air Transport Convention of 1944;
(g) negotiate the necessary agreements with the Pan-American Health Organisation and other existing regional health intergovernmental organisations to implement the provisions of Article 54 of the Constitution; such agreements need the approval of the Medical Assembly;
(h) to establish effective contacts and to establish negotiations to conclude agreements with other intergovernmental organisations, as referred to in Article 70 of the Constitution;
(i) study the issue of relations with international non-governmental organisations and national organisations pursuant to Article 71 of the Constitution and provisionally organise advisory and cooperation with such organisations as the Committee of the Regions considers appropriate;
(j) to carry out initial preparatory work for the revision, unification and improvement of existing international health conventions;
k) examine today's apparatus and carry out the preparatory work needed in the context of
(i) with the next revision after ten years of "international lists of causes of death" (including lists adopted under the International Agreement of 1934 on statistics on causes of death); and
(ii) the acquisition of international lists of causes of disease;
(l) establish an effective link with the Economic and Social Council and those of its committees for which it would appear appropriate, in particular the Committee on Narcotic Poison; and
(m) to discuss urgent health problems, to be brought to the attention of governments, to give expert opinions on them, to draw attention to the urgent health needs of governments and organisations which are able to contribute, and to take all appropriate measures to regulate the assistance that these governments and organisations would provide.
3. The Committee may set up committees it deems appropriate.
4. The Committee shall elect its chairman and the other members of the Bureau, shall act in accordance with its rules of procedure and shall hold advisory meetings with individuals where necessary to facilitate its work.
5. The Interim Commission shall appoint an Executive Secretary who shall:
(a) is its highest professional and administrative officer;
(b) is ex officio the Secretary of the Interim Commission and all committees set up by it;
(c) has such direct contact with national health administrations as it conforms to the government of which it is running; and
(d) perform the other tasks and duties to be laid down by the Interim Commission.
6. Subject to the general competence of the Interim Commission, the Executive Secretary shall appoint the necessary professional and administrative officers. In so doing, it shall take due account of the principles contained in Article 35 of the Constitution. In addition, it shall take into account that it is appropriate to appoint those who are at hand from the officials of the National Health Organisation, the International Public Health Authority and the United Nations Organisation for Assistance and Recovery. It may appoint officials and experts to be provided by the governments. For the duration of the recruitment and organisation of the official, the Secretary-General of the United Nations may receive professional and administrative assistance.
7. The temporary committee will hold its first session in New York right after its establishment and then meet as often as necessary, but at least once every four months. Each meeting shall be determined by the Interim Commission instead of the next meeting.
8. The expenditure of the Interim Commission shall be borne by the money provided by the United Nations and the Interim Commission shall, for that purpose, negotiate what is necessary with the competent authorities of the United Nations. If this money is not enough, the Committee may accept advances from governments. These advances may be deducted from the contributions of the Organisations of those governments for which they are running.
9. The Executive Secretary shall prepare and examine and approve the budget of:
(a) for periods from the establishment of the Interim Commission until 31 December 1946,
(b) for later periods as necessary.
10. The Interim Commission shall present a report on its activities to the Medical Assembly at its first meeting.
11. The Interim Commission shall cease to exist by order of the Medical Assembly for its first session, when the property and archives of the Interim Commission and those of its officials shall be transferred to the Organisation.
12. This agreement will become effective for all signatories on this day.
On the conscience of the representatives who have been duly empowered to do so, this agreement is signed in the languages of the Chinese, English, French, Russian and Spanish, all texts being equally authentic.
Signed in New York on July 20th, 1946.
Constitution
World Health Organization.
States participating in this Constitution declare, in agreement with the Charter of the United Nations, that happiness, harmonious relations and the security of all nations are based on the following principles:
Health is a state of complete well-being of physical, mental and social, and it does not matter only that there is no disease or illness.
To enjoy health at the highest level that can be achieved is one of the fundamental rights of every human being, without distinction of breed, religion, political conviction and economic or social status.
The health of all nations is an essential condition for achieving world peace and security, and depends on the fullest synergies between individuals and states.
The results achieved by any State in promoting and protecting health are valuable to all.
The uneven development of different countries in promoting health and combating diseases, particularly communicable ones, is a common danger.
Healthy development of the child is essential; The ability to live in accordance with a changing environment is essential for such developments.
In order to achieve the fullest possible health, it is essential to enable all nations to participate in the benefits of knowledge of medicine, psychology and the fields of relatives.
Enlightened public opinion and active public cooperation are supremely important for improving people's health.
The responsibility they hold for the health of their people can only be given by taking appropriate health and social measures.
Accepting these principles and in order to work together with others on the promotion and protection of the health of all nations, the Contracting Parties agree on this Constitution and establish the World Health Organisation as a special body under Article 57 of the Charter of the United Nations.
CHAPTER I
Target.
The aim of the World Health Organisation (hereinafter referred to as Organisation) is that all nations reach the highest possible health level.
CHAPTER II.
Tasks.
In order for the organisation to achieve its objective, its task will be to:
(a) acting as the managing and coordinating body of international health activities;
(b) to establish and maintain effective cooperation with the United Nations, with special bodies, with government health administrations, with expert groups which would be appropriate;
(c) assist governments at their request to consolidate health services;
(d) provide appropriate professional support and, in urgent cases, the necessary assistance at the request of, or with the consent of, governments;
(e) at the request of the United Nations, to provide specific groups, such as the population of the detention area, medical services and facilities, or to assist in this;
(f) establish and maintain such administrative and professional services as would be necessary, including epidemiological and statistical services;
(g) encourage and develop activities to eradicate epidemic, endemic and other diseases;
(h) work where, in cooperation with other specific authorities, to prevent accidents;
(i) work where, in cooperation with other specific bodies, to improve nutrition, housing, health facilities, economic or working conditions and other aspects of health care environment;
(j) promote synergies between scientific and professional groups contributing to the progress of health;
(k) propose conventions, agreements and advice and make recommendations to parties to international health issues and perform the tasks which the Organisation may be entrusted with in this way and which are consistent with its objectives;
(l) to work for the health and well-being of mothers and children and to strengthen their capacity to live in accordance with the changing environment;
(m) to promote activities in the field of mental health, in particular with regard to cohesive relations between people;
(n) to encourage and conduct research in the field of health care;
o) work to improve teaching and training standards in health, medical and related professions;
(p) study where, in cooperation with other specific bodies, social technology on public health and medical care, preventive and therapeutic, including hospital and social security services, and report on this;
(q) providing reports, advice and assistance in the field of health;
(r) to help create enlightened public opinion on health issues among all nations;
(s) to introduce and revise, as appropriate, the international nomenclature for diseases, causes of death and public health measures;
(t) specify if necessary standards for diagnosis;
(u) introduce and develop international standards for food of biological, pharmaceutical and similar products and work for it;
(v) in general take all measures necessary to achieve the objective of the Organisation.
CHAPTER III.
Membership and associated membership.
All countries may be accepted as members of the Organisation.
Members of the United Nations may become members of the Organisation by signing or otherwise signing the Constitution in accordance with the provisions of Chapter XIX and adopting it in accordance with their constitutional requirements.
States whose governments have been invited to send observers to an international medical conference in New York in 1946 may become members of the Organisation by signing or otherwise in accordance with the provisions of Chapter XIX and adopting the Institute in accordance with their constitutional provisions, provided that the signature or adoption takes place before the first meeting of the Medical Assembly.
Subject to the terms of the Agreement between the United Nations and the Organisation to be approved under Chapter XVI. States which do not become members under the provisions of Articles 4 and 5 may apply for membership and be accepted as members when their request is approved by a simple majority of the Medical Assembly.
If a Member State fails to fulfil its financial obligations to the Organisation or in other exceptional circumstances, the Health Assembly may, under the conditions it deems appropriate, establish a voting right and the provision of services to which a Member State is entitled. The Health Assembly shall have the power to renew the voting right and to provide services.
Territories or territorial groups which are not responsible for the conduct of their international relations may be accepted by the Health Assembly as association members at the request of such territory or territorial group by a Member State or other authority responsible for their international relations. Representatives of associated members at the Health Assembly are to be distinguished by their expertise in the health sector and be selected from the domestic population. The nature and extent of the rights and obligations of the associated members shall be determined by the Medical Assembly.
CHAPTER IV.
Organs.
The tasks of the Organisation shall be:
(a) the World Health Assembly (hereinafter referred to as the Health Assembly);
(b) the Executive Board (hereinafter referred to as the Council);
(c) the Secretariat.
CHAPTER V.
World Health Assembly.
The Health Assembly shall consist of delegates representing members.
Each member shall be represented by no more than three delegates, one of whom shall be designated as the principal delegate. These delegates will be selected from among persons by their professional competence in the field of medical best qualified, preferably from representatives of the national health administration of the Member State.
Delegates may be accompanied by their representatives and advisers.
The Health Assembly shall meet at regular annual meetings and special meetings if necessary. Special meetings shall be convened at the request of the Council or of a majority of members.
At each annual meeting, the Health Assembly shall select the country or region where the next annual meeting will be held and the Council shall determine its place in addition. The Council shall establish a special meeting place.
The Council, after consulting the Secretary-General of the United Nations, shall determine the duration of each annual and special meeting.
The Health Assembly shall elect its President and the other members of the Bureau who shall hold their office at the beginning of each annual session until their successors are elected.
The Health Assembly shall act on its Rules of Procedure.
The Health Assembly shall have the following tasks:
(a) establish the Organisation Programme;
(b) designate the Member States called upon to designate their representatives to the Council;
(c) appoint the Director-General;
(d) examine and approve the reports and activities of the Council and of the Director-General, give guidance to the Council on matters where appropriate measures, studies, investigations or reports are considered desirable;
(e) establish committees deemed necessary for the activities of the Organisation;
(f) control the financial policy of the Organisation, discuss and approve its budget;
(g) instructs the Council and the Director-General to draw the attention of members and governmental or non-governmental international organisations to any health issue which the Health Assembly considers worthy of attention;
(h) calls on the organisation of international or national, governmental or non-governmental organisations entrusted with responsibilities related to the tasks of the Organisation to appoint representatives who, under conditions determined by the Health Assembly without the right of vote, would attend meetings of their or committees and conferences convened under its responsibility; However, if it is a national organisation, invitations may be sent only with the consent of the government concerned;
(i) discuss the recommendations relating to health issues given by the General Assembly, the Economic and Social Council, the Security Council or the United Nations Conviction Council, and report to them on the measures taken to implement such recommendations;
(j) report to the Economic and Social Council in accordance with the agreements between the Organisation and the United Nations;
(k) promote and manage research carried out in the field of health professionals of the Organisation by establishing their own constitutions or by cooperating with their official or non-official institutions with the consent of the Member States;
(l) establish other institutions which it considers appropriate;
(m) take all other measures to implement the Organisation objective.
It shall be the responsibility of the Health Assembly to pass resolutions on any matter within the scope of the Organisation. A two-thirds majority of the Medical Assembly is required for the resolution of such conventions or agreements which will enter into force for each Member State by acceding to them under its constitutional rules.
Each member shall undertake, within 18 months of the Resolution of the Convention or the Agreement by the Medical Assembly, to take measures to accede to such Convention or Agreement. Each Member shall notify the Director-General of the measures it has taken and, if it has not acceded to such a convention or agreement within the time limit, shall notify the reasons for its refusal. Members who accede shall undertake to send the Director-General an annual report in accordance with Chapter XIV.
It shall be the responsibility of the Medical Assembly to give a quorum on orders concerning:
(a) health and karantenal measures or other measures aimed at preventing the spread of diseases from one country to another;
(b) the nomenclature of diseases, causes of death and methods of public health;
(c) internationally applicable standards of diagnostic methods;
(d) standards on the safety, purity and strength of biological, pharmaceutical and similar products in international trade;
(e) advertising and labelling of biological, pharmaceutical and similar products which are in international trade.
The orders given pursuant to Article 21 shall enter into force for all members after their resolution by the Medical Assembly has been duly notified, except for those members who, within the time limit specified by the Director-General, declare their refusal or reservations.
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Regulation Information
| Citation | Decree No. 189 / 1948 Coll., on the Establishment and Constitution of the World Health Organisation and on the Protocol on the International Health Authority, adopted on 22 July 1946 at the International Health Conference in New York |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.08.1948 |
|---|---|
| Effective from | 22.07.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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