The FAQs have been prepared by Deb Zyoti Das, a 2nd-year, BBA.LLB student at Himachal Pradesh National Law University, Shimla. He is currently interning with LatestLaws.com.

  1. What is the Constitution of the WHO?

The Constitution of the World Health Organization is a text of 20 pages that was adopted by the parties to promote co-operation amongst themselves and with others to promote and protect the health of all peoples. It was used to establish the World Health Organization as a specialized agency under Article 57 of the UN Charter.

  1. What is the bibliographic citation of the constitution?

The bibliographic citation of the Constitution is: Constitution of WHO as adopted by the International Health Conference, New York, 19 June - 22 July 1946; signed on 22 July 1946 by the representatives of 61 States (Official Records of WHO, no. 2, p. 100-120).

  1. What are the principles set out in the Preamble?

The principles enshrined in the Preamble of the Constitution of World Health Organization[i] are:

  1. Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.
  2. The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition.
  3. The health of all peoples is fundamental to the attainment of peace and security and is dependent on the fullest co-operation of individuals and States.
  4. The achievement of any State in the promotion and protection of health is of value to all.
  5. Unequal development in different countries in the promotion of health and control of diseases, especially communicable disease, is a common danger.
  6. Healthy development of the child is of basic importance; the ability to live harmoniously in a changing total environment is essential to such development.
  7. The extension to all peoples of the benefits of medical, psychological and related knowledge is essential to the fullest attainment of health.
  8. Informed opinion and active co-operation on the part of the public are of the utmost importance in the improvement of the health of the people.
  9. Governments have a responsibility for the health of their peoples which can be fulfilled only by the provision of adequate health and social measures.
  1. What is the definition of ‘Health” according to it?

According to it, Health is defined as the “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.”[ii]

  1. What are the functions of the World Health Organisation?

The objective, as set out in Article 1 of the Constitution[iii], shall be the attainment by all peoples of the highest possible level of health.

The functions of the World Health Organization as enshrined in its Constitution are as below[iv]:

  1. to act as the directing and coordinating authority on international health work;
  2. to establish and maintain effective collaboration with the United Nations, specialized agencies, governmental health administrations, professional groups and such other organizations as may be deemed appropriate;
  3. to assist Governments, upon request, in strengthening health services;
  4. to furnish appropriate technical assistance and, in emergencies, necessary aid upon the request or acceptance of Governments;
  5. to provide or assist in providing, upon the request of the United Nations, health services and facilities to special groups, such as the peoples of trust territories;
  6. to establish and maintain such administrative and technical services as may be required, including epidemiological and statistical services;
  7. to stimulate and advance work to eradicate epidemic, endemic and other diseases;
  8. to promote, in co-operation with other specialized agencies where necessary, the prevention of accidental injuries;
  9. to promote, in co-operation with other specialized agencies where necessary, the improvement of nutrition, housing, sanitation, recreation, economic or working conditions and other aspects of environmental hygiene;
  10. to promote co-operation among scientific and professional groups which contribute to the advancement of health;
  11. to propose conventions, agreements and regulations, and make recommendations with respect to international health matters and to perform such duties as may be assigned thereby to the Organization and are consistent with its objective
  12. to promote maternal and child health and welfare and to foster the ability to live harmoniously in a changing total environment;
  13. to foster activities in the field of mental health, especially those affecting the harmony of human relations;
  14. to promote and conduct research in the field of health;
  15. to promote improved standards of teaching and training in the health, medical and related professions;
  16. to study and report on, in co-operation with other specialized agencies where necessary, administrative and social techniques affecting public health and medical care from preventive and curative points of view, including hospital services and social security;
  17. to provide information, counsel and assistance in the field of health;
  18. to assist in developing an informed public opinion among all peoples on matters of health;
  19. to establish and revise as necessary international nomenclatures of diseases, of causes of death and of public health practices;
  20. to standardize diagnostic procedures as necessary;
  21. to develop, establish and promote international standards with respect to food, biological, pharmaceutical and similar products;
  22. generally, to take all necessary action to attain the objective of the Organization.
  1. What are the organs of the Organization?

There are 3 organs of the World Health Organization[v]:

  1. The World Health Assembly (Health Assembly)
  2. The Executive Board (Board)
  3. The Secretariat
  1. What if there arise a dispute in the interpretation of the constitution?

If there arises a dispute regarding the interpretation of the constitution or application of it which cannot be settled by negotiation or any other form of settlement or by the Health Assembly; will be referred to the International Court of Justice.

When approved by the UN General Assembly, WHO can ask the International Court of Justice for an advisory opinion on any legal question or application of such. The Director-General will appear before the Court on behalf of the organization in connection to any proceedings that might arise of the use of advisory opinion of the Court[vi].

  1. Is there any language specific version of the constitution that is more authentic?

The Chinese, English, French, Russian and Spanish texts version of the Constitution are regarded as equally authentic.[vii]

  1. What is its relation to other international & national organizations?

The Organization shall be brought into relation with the United Nations as one of the specialized agencies referred to in Article 57 of the Charter of the United Nations. The Organization shall establish effective relations and co-operate closely with such other inter-governmental organizations as may be desirable. The Organization may take over from any other international organization or agency whose purpose and activities lie within the field of competence of the Organization. The Organization may, on matters within its competence, make suitable arrangements for consultation and co-operation with non-governmental international organizations and, with the consent of the Government concerned, with national organizations, governmental or non-governmental.

  1. How can amendments be made to the constitution?

Texts of proposed amendments to this Constitution shall be communicated by the Director-General to Members at least six months in advance of their consideration by the Health Assembly. Upon deliberation and discussion of the hence proposed amendment by the Health Assembly, amendments shall come into force for all Members when adopted.

  1. What are the things that the member states need to inform the organization about?

Each member needs to inform/submit to the organization the following:

  1. action taken and progress achieved in improving the health of its people
  2. action taken with respect to recommendations made to it by the Organization and with respect to conventions, agreements and regulations
  3. communicate promptly to the Organization important laws, regulations, official reports and statistics pertaining to health which have been published in the State
  4. provide statistical and epidemiological reports
  5. transmit upon the request of the Board such additional information pertaining to health as may be practicable
  1. Explain the voting process in the Health Assembly.

Each member in the assembly has 1 vote each. Decisions of the Health Assembly on important topics are made by a two-thirds majority of the Members present and voting. Decisions on other questions, shall be made by a majority of the Members present and voting. Determination of any additional categories of question is to be decided by a two-third majority.

  1. Where is the headquarters of WHO located?

 The Constitution states that the location of its headquarter will be decided by the Health Assembly in consultations with the UN. The headquarters of World Health Organization is located in Geneva, Switzerland.

  1. Can the WHO cerate sub-committees or specialized committees?

The Board can establish such committees as the Health Assembly may direct and, on its own initiative or on the proposal of the Director-General, may establish any other committees considered desirable to serve any purpose within the competence of the Organization. It shall also consider and review the necessity of continuing a committee.

Additionally, The Board can provide for the creation of or the participation by the Organization in joint or mixed committees with other organizations and for the representation of the Organization in committees established by such other organizations.


[ii] ibid

[iii] supra note 1, pg. 2

[iv] supra note 2, Article 2.

[vi] supra note 1, pg. 17, Chapter XVIII

[vii] Thirty-first World Health Assembly (resolution WHA31.18)

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Deb Zyoti Das