UHC norms in the Pandemic Agreement
Six iterative negotiation drafts pertaining to the development of the Pandemic Agreement were analysed (Table 3):
Table 3
Document Title
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Outline (64)
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Working Draft (65)
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Conceptual Zero Draft (66)
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Zero Draft (67)
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Bureau’s Text (68)
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Proposal for Negotiating Text ((69)
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Draft #
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PA1
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PA2
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PA3
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PA4
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PA5
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PA6*
* Given that INB negotiations are ongoing, this was the last draft included in the scope of this paper
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Explicit references to UHC
One of the clearest ways to identify normative convergence with UHC in the GHS-focused Pandemic Agreement is through explicit references to ‘universal health coverage.’ Overall, direct references to UHC generally increased in prominence until the Zero Draft (PA4), after which they somewhat diminished.
While all negotiation texts appear to link UHC with GHS, these references become less explicit in later drafts. PA1 calls for “resilient health systems for UHC and health security,” while the PA4 shifts language to “recognize the need for resilient health systems, rooted in UHC” to mitigate pandemic shocks (not “health security”); PA6 ultimately calls for each Party to “strengthen its health system” for sustainable PPR, “with a view to the progressive realization of UHC” [emphasis added]. Relatedly, PA2 reiterated “universal health coverage as an essential foundation for effective pandemic prevention, preparedness and response” – a phrase repeated in the subsequent drafts. Although PA6 elevated this point higher in the preamble (suggesting increased importance), it was no longer framed as a “foundation” for PPR.
Early drafts signaled that the PA would be “guided by the goal of achieving UHC as an overarching principle.”(65) This was iteratively amended to “the aim of achieving UHC,”(67) [emphasis added] until PA6 excluded UHC as a guiding principle (though it remained defined as a key term). A similar pattern played out in revised objectives statements, with initial drafts committing to “a view to achieving UHC,”(65) followed by “the progressive realization of UHC,”(68) and the ultimate removal of “universal health coverage” from the scope of work.
Initial drafts warned that the “disproportionally heavy impact”(65) of pandemics “hamper[ed] the achievement of universal health coverage” and emphasized related UHC ideals like “equitable access to high quality health services without financial hardship.”(66) These were largely cut by PA6. This fluctuation corresponded to changes in the types of interventions linked with UHC, with PA1 advocating for “access to quality, agile, and sustainable health services for universal health coverage,” PA2 expanding to include clinical and mental care, PA3 calling for “continuity of PHC and UHC” by “maintaining” service availability and addressing backlogs – yet later texts reduced these explicit mentions of UHC capacities.
Finally, almost all drafts discuss some version of “enhanced collaboration between the health and finance sectors in support of UHC, and as a means to support [PPR].”(64) One interim text urges the enhancement of financial and technological assistance “to strengthen health systems consistent with the goal of [UHC],”(68) which is largely retained by PA6 but caveated by “within available means and resources.” Meanwhile, a PA4 commitment to “prioritize and increase or maintain” domestic funding on PPR emphasizes “working to achieve UHC,” while PA6 ultimately excludes such direct references to UHC.
UHC discourse
Overall, there were three main ways that UHC discourses were expressed across draft texts of the PA: 1) rights-based narratives, 2) equity frames and 3) a focus on SDH.
Rights-based narratives
Human rights narratives are prominently featured across PA drafts. For example, all texts from PA2 through PA6 evoke the WHO Constitution, stating that “the highest attainable standard of health is one of the fundamental rights of every human.” However, a distinction is drawn over successive drafts between “respect for human rights” (appearing in all versions) and the “right to health” (appearing until PA4 as a guiding principle, yet removed in PA5). This shift in language appears to alleviate concerns around obligations to “protect and promote” the right to health, which is also absent by PA6.
Expressions of other rights-based narratives further demonstrate principles commonly associated with UHC. For example, “inclusiveness” is defined in all texts after PA2 as “the full and active engagement with, and participation of, communities and relevant stakeholders across all levels.” Other related examples include references to community engagement, gender equality, nondiscrimination, and respect for diversity. Though PA5 neglects to individually name these principles, it instead retains a broader section on “people in vulnerable situations,” under which these concepts are implicitly grouped.
Equity frames
Equity frames are largely promoted in two discursive ways. First, equity is explicitly framed as a “cross-cutting strategic theme,”(64) with interim drafts arguing that “equity should be a principle, an indicator and an outcome of pandemic prevention, preparedness and response.”(67) Equity is characterized in PA6 as the “centre of [PPR],” reflected in calls for “unhindered, fair, […] access to […] affordable pandemic-related products and services […] and social protection” – providing linkages to conventional UHC discourses. Second, equity is promoted as an underlying principle for the operationalization of the PA, serving as a departure point for broader concepts seen to improve solidarity during pandemics. For example, the principle of ‘common but differentiated responsibilities’ (CBDR) is repeated throughout draft texts, urging states to implement PPR measures that consider “the specific needs and special circumstances of developing country Parties” and that “Parties that hold more capacities and resources relevant to pandemics should bear a commensurate degree of differentiated responsibility”(67) (n.b., while PA5 softens CBDR provisions to instead “provide such support voluntarily,” they remain rooted in equity).
Social determinants of health
Draft texts across the PA underscore UHC discourse themes related to SDH, offering broader links to health promotion and intersectoral collaboration. PA1 emphasizes the objective to “save lives and protect livelihoods,” a sentiment preserved throughout successive drafts. Acknowledging the “catastrophic health, social, economic and political consequences” of pandemics, PA2 urges “action on social determinants of health […] by a comprehensive intersectoral approach” and a “whole-of-society” perspective that considers PPR impacts on “economic growth, employment, trade, transport, gender inequality, food insecurity, education and culture.” PA4 even alluded to SDH in its definition of “pandemic,” noting “social and economic disruptions” and emphasizing “resolute action on social, environmental, cultural, political and economic determinants of health.”
Later drafts advance UHC discourse via SDH through commitments to One Health, such as recognizing the “interconnection between people, animals, plants and their shared environment” and acknowledging “that economic and social development and poverty eradication are the first and overriding priorities of developing country Parties.” PA6 further mainstreams SDH, advocating for “clean water, energy and air, safe and nutritious food, taking action on climate change, and contributing to sustainable development” in the PA.
UHC core functions
Core functions of UHC provide particular insights into how UHC is being operationalized as specific actions. These can be grouped in three ways: 1) accessible and affordable health commodities, 2) prioritizing vulnerable populations, and 3) a PHC approach.
Accessible and affordable health commodities
One of the primary ways UHC is operationalized in the PA is through commitments to ensure “timely access to affordable, safe and effective pandemic response products.”(65) This is echoed by interim drafts, which call for a “coordinated approach to the availability and distribution of, and equitable access to, pandemic response products”(66) as well as the development of a mechanism to ensure their “fair and equitable allocation.”(67) PA6 proposes giving WHO “real-time access” to 20% of production of these products, and advocates for cost-related arrangements such as “tiered-pricing” based on country income levels.
Efforts to ensure affordable access healthcare commodities extend to “health technologies that promote the strengthening of national health systems and mitigate social inequalities.” For example, later drafts propose a WHO Pathogen Access and Benefit-Sharing System (PABS) System – a mechanism to promote the rapid and transparent sharing of pandemic pathogens and genetic data while ensuring fair access to the resulting benefits.(66) Related capacities commonly associated with UHC also include “time-bound waivers of intellectual property rights,”(68) technology transfer, “training of clinical research networks”,(69) regulatory approvals for quality and safety, and cost and pricing transparency.
Prioritizing vulnerable populations
All PA drafts demonstrate varying commitments to prioritize vulnerable populations – an obligation inherent in previous texts foundational to UHC, such as General Comment 14.(70) The PA1 emphasizes resource allocation “based on public health need” and a “policy to safeguard vulnerable populations most affected by pandemics.” Subsequent drafts expand this to include “access to pandemic response products by […] frontline workers”(65) as well as refugees, the elderly, persons with disabilities, pregnant women, and infants.(66) PA5 ultimately streamlines these references upfront under “persons in vulnerable situations,” characterizing their needs as “threats and barriers to the full realization of the right to health.”
Capacities linked to this UHC theme are seen in references to “equitable gender, geographical and socioeconomic status representation and participation.”(64) Another draft advocates for inclusive policies for women health workers and “addressing discrimination, stigma and inequality” with “data disaggregated by gender.”(66) PA4 emphasizes “gender equality” as a guiding principle and calls to center “youth and women,” while PA5 calls for further data disaggregation by “age, geography, socioeconomic status.” PA6 stresses that clinical trials consider “racial, ethnic and gender diversity across the life cycle.”
Community engagement, another function historically linked to UHC, receives mixed uptake. Building on an earlier draft urging “measures to mobilize social capital in the community […] especially to vulnerable populations,”(65) PA3 underscores community engagement to ensure “ownership of, and contribution to, community readiness and resilience.” PA4 further calls for national multisectoral mechanisms “with meaningful” community representation. However, PA5 introduces caveats such as “in keeping with national capacities” and “as appropriate” when discussing engagement with civil society. Ultimately, PA6 only explicitly references community engagement in articles on R&D, One Health, and whole-of-society approaches.
Primary health care approach
Another way UHC is expressed in the PA is through commitments to a PHC approach. PA1 emphasizes “access to lifesaving, scalable and safe clinical care [...and...] continuity of health services and palliative care.” A subsequent draft urges financing to “maintain and restore routine public health functions” and “prevention strategies for epidemic-prone diseases.”(66) PA4 reiterates “a focus on [PHC] and community-level interventions,” echoed in PA5 that calls for “rehabilitation and post-pandemic health system recovery.” However, PA6 removes some PHC capacities while simultaneously enhancing a focus on “essential” health services.
Capacity-building for service delivery further advances UHC through a PHC approach, which PA2 states is “core to achieving and sustaining [PA] objective(s).” PA1 stresses “an adequate number of health workforce with public health competency” and “mobile laboratories [and] diagnostic networks.” Subsequent drafts expand these commitments, with PA6 calling for “coordinated data interoperability,” “integrated public health surveillance,” and prevention of “violence and threats against health workers.” Yet, PA6 omits previous language(66) on universal forecasting platforms, “engagement of communities in surveillance,” and safeguards against “substandard and falsified medical products.”
A third way that UHC is advanced through a PHC approach is by focusing on intersectoral collaboration in health systems, reflecting commitments enshrined in the 1978 Alma-Ata Declaration on PHC.(71) PA1 emphasizes “comprehensive multisectoral” PPR strategies, including for “infection prevention and control, water, sanitation and hygiene, antimicrobial resistance, transfer and treatment of patients, travel and movement of frontline workers” as well as multistakeholder engagement to include threats “resulting from climate change and environmental factors.” Subsequent iterations narrowed this language, such as only covering pathogens under the IHR in multisectoral public health surveillance or omitting “timely access [...] for diagnosis or treatment.”(69) Despite this, PA6 continues to “promote and enhance synergies between multisectoral and transdisciplinary collaboration,” including by strengthening “science, public health and pandemic literacy [to] combat false, misleading, misinformation or disinformation.”
UHC-HLM
Five iterative documents relevant to the UHC-HLM Political Declaration negotiations were compiled (Table 4):
Table 4
Document Title
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WHO Director-General’s Report on Preparations for the UN-HLM (72)
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Zero Draft (73)
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Revision 1 (74)
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Revision 2 (75)
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Adopted Political Declaration (76)
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Draft #
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PD1
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PD2
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PD3
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PD4
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PD5
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Explicit references to GHS
Among the various drafts of the Political Declaration, only PD1 explicitly references GHS as a discourse theme. It does so by prominently featuring the heading: “reorient unified national health systems towards primary health care as a foundation for universal health coverage, health security and better health.” Although subsequent iterations do not directly mention GHS as a guiding concept, its impact as a discourse strategy is still retained in other ways described below.
Meanwhile, although PD1 also stands out as the only draft to explicitly reference GHS capacities, it does so rather prominently. For example, it emphasizes that “scaling up and sustaining essential public health functions are vital to the recovery and resilience of national health systems for UHC and health security,” asserting that PHC “explicitly [...] provides this integrative link.” Furthermore, PD1 identifies ongoing initiatives, programs, and actors contributing to “reorienting health systems to PHC as a foundation for UHC and health security.” These range from WHO programmes to other major development partners at global, regional and country levels reviewing “progress towards UHC and related issues concerning health security.” It also mentions the involvement of global and regional economic and financial institutions (e.g., World Bank, International Monetary Fund) that encourage “long-term, sustainable investment in UHC and health security.” While subsequent PD drafts do not directly cite GHS, there are numerous linkages to core functions.
GHS discourse
Overall, there were three main ways that GHS discourses were expressed across draft texts of the PD: 1) existential threat narratives, 2) resilience frames, and 3) a focus on infectious diseases.
Existential threats
PD1 opened with a focus on existential threats to health and state security, noting a backdrop including the COVID-19 pandemic alongside “crises resulting from climate change and natural disasters, national and regional conflicts, profound economic recession” which impact “the health and well-being of the world’s 8 billion people.” It emphasized countering “inequalities among and within countries [...] through global solidarity,” and “aligned collective action at the halfway point to the 2030 Agenda for Sustainable Development.” The subsequent PD2 urged “[strengthened] international cooperation” in response to “serious concern” vaccine disparities hindering global COVID-19 control efforts. PD3 emphasized health financing bolstered by “national, regional and multilateral initiatives” to recover from pandemics, while PD4 underscored that “humanitarian emergencies and armed conflicts have a devastating impact on health systems” which expose vulnerable populations “to preventable diseases and other health risks.” Finally, PD5 further stressed “the global concern about the high prices of some health products,” recognizing that “inequitable access to such products impedes progress towards achieving UHC,” thus urging international cooperation particularly to mitigate the risk this poses to developing countries.
Resilience frames
Another emerging GHS discourse theme is the promotion of resilience frames.(77) The opening sections of PD1 emphasize that the UHC HLM “presents an opportunity to go beyond the status quo” to “build resilience against global shocks,” thereby ensuring “preparedness for pandemics and other crises, including climate change.” PD1 further recognizes essential service delivery as “central to countries’ recovery from previous conflicts and crises,” a point echoed by the subsequent PD2, which notes an “increasing number of complex emergencies is hindering the achievement of UHC” and introduces risks like “the adverse impact of climate change, natural disasters, extreme weather events” to advocate for “resilient and people-centred health systems.” Its call for “a whole-of-government and health-in-all-policies approach,” is reflected in subsequent drafts, including PD3 which stresses “water, sanitation, hygiene and electricity services in health care facilities for health promotion, disease prevention” and PD4 which urges “a coherent approach to strengthen the global health architecture as well as health system resilience and UHC,” underlining linkages to PPR and One Health. Finally, all drafts affirm health workers as “as fundamental to strong and resilient health systems,” although PD5 tones down related language on climate change impact and community engagement.
Infectious diseases
The PD also employs narratives on infectious diseases and their impacts, with PD1 cautioning that “countries continue to rely on fragmented disease and service-specific programmes and interventions.” It also notes that the “COVID-19 pandemic took a significant toll on progress towards the SDGs,” highlighting that the “combined macroeconomic, fiscal and health impact of COVID-19 point to worsening of financial protection globally.” By arguing that “experiences from COVID-19, Ebola virus, conflicts and disasters in 2022 have demonstrated that this requires multisectoral, whole-of-government action,” PD1 sets the stage for PD2, which cites mixed progress on major communicable diseases like HIV/AIDS, tuberculosis, malaria, and antimicrobial resistance as justification for PD negotiations. PD3 added language on the “importance of pandemic prevention, preparedness and response as a key component of UHC.” All subsequent drafts emphasized the “importance of coordination” and “promoting alignment and synergies across […] the High-level Meetings on Tuberculosis and Pandemic Prevention, Preparedness and Response” taking place alongside the UHC-HLM, noting that “all three political declarations should be viewed as complementary and interlinked.”
GHS core functions
Core functions of GHS provide particular insights into how GHS is being operationalized in the PD as specific actions. These can be grouped in three ways: 1) outbreak preparedness, 2) health emergency response, and 3) a One Health approach.
Outbreak preparedness
One category of GHS core functions described across PD texts centers on outbreak preparedness. PD1 highlights that “lessons and innovations from the COVID-19 pandemic are providing opportunities to scale up PHC approaches, for example by using digital health technologies, and promoting public health literacy, self-testing and use of community-based services.” This emphasis on essential public health functions linked to preparedness is reflected in subsequent drafts. PD2 advocates for “countering vaccine hesitancy […] to prevent outbreaks as well as the spread and re-emergence of communicable diseases,” “public health surveillance,” and ensuring that “essential public health functions are among the core components of preparedness for health emergencies.” PD3 introduces “risk communication and community engagement” as well as “prevention, early detection and control of diseases.” Additionally, by recommending “continuity of care in national and cross-border contexts,” PD3 visibly promotes a UHC approach in an area traditionally covered by GHS. PD4 builds on earlier calls to “implement the IHR (2005)” and “[integrate] disaster and health risk management systems.” Finally, the ADP largely retains these outbreak preparedness functions, and importantly inserting language on their affordability and accessibility as part of strengthening “resilience of health systems.”
Health emergency response
The PD also incorporates GHS core functions through language on health emergency response. PD1 notes that “inequitable access to medical products is among the main causes of financial hardship,” urging the provision of “critical countermeasure[s]” such as “COVID-19 vaccination [for] high priority groups,” “recovery and strengthening of the essential immunization programme,” and “essential services relating to HIV […] to end AIDS as a public health threat.” PD2 further calls for “integrated service delivery [for] HIV/AIDS, tuberculosis, malaria, hepatitis, and neglected tropical diseases,” while specifically advocating for “the production and timely and equitable distribution of COVID-19 vaccines, therapeutics, diagnostics and other health technologies.” Added language on “availability and equitable” access in PD3 concerning the “manufacturing, regulation, procurement,” and deployment of essential medical products and services is retained in PD4 and further strengthened in PD5, which “promote[s] the transfer of technology and know-how and encourage research, innovation and commitments to voluntary licensing” as critical components of pandemic response.
One Health approach
While PD1 briefly mentions One Health as part of an “integrated health tool […] for national strategic health planning and costing,” subsequent PD drafts significantly develop a focus on this key aspect of GHS. For example, PD2 affirms the need to “enhance cooperation at the national, regional and global levels for an integrated and systems-based One Health approach.” PD2 goes on to detail specific features of One Health that are vital for achieving UHC, including “to improve the prevention, monitoring, detection, control and containment of zoonotic diseases and pathogens, threats to health and ecosystems, the emergence and spread of antimicrobial resistance, and future health emergencies, by fostering cooperation and a coordinated approach between the human health, animal health and plant health sectors, environmental and other relevant sectors.” Successive iterations in PD3, PD4, and PD5 largely retain the same language, and more broadly urge Member States “to adopt an all-hazard, multisectoral and coordinated approach to prevention, preparedness and response for health emergencies.”