Republicans have learned the hard way that repealing Obamacare isn’t easy. But repealing the landmark healthcare legislation may not just be difficult, but illegal under international law.
According to a newly-published appeal from the Office of the United Nations High Commissioner on Human Rights (OHCHR), a repeal that could cause nearly 30 million to lose healthcare coverage invites “serious concern.”
The OHCHR premises its concerns on four major pieces of international law. First is the Universal Declaration of Human Rights. As the OHCHR explains:
“Article 25 of the UDHR establishes everyone’s right to a standard of living adequate for the health and well-being, including food, medical care and necessary social services, and the rights to security in the event of any lack of livelihood in circumstances beyond his/her control.”
Second is the International Covenant on Economic, Social and Cultural Rights (ICESCR). As a signatory – though not a ratifying state – the U.S. must:
“…Ensure the right of access to health facilities, goods and services on a non-discriminatory basis, especially for vulnerable or marginalized groups. Health facilities, goods and services have to be economically accessible and payment for healthcare services has to be based on the principle of equity, ensuring that these services, whether privately or publicly provided, are affordable to all, including socially disadvantaged groups.”
The International Convention on the Elimination of All Forms of Racial Discrimination, likewise, compels the U.S. to:
“…Undertake to guarantee the right of everyone to a number of economic, social and cultural rights, without distinction as to race, colour, or national or ethnic origin.”
Finally, General Comment No. 14 of the Committee on Economic, Social and Cultural Rights reiterates health as a right, and obligates member states to realize full healthcare for their citizens.
The OHCHR warns that:
“…Retrogressive measures taken in relation to the right to health are not permissible and if any deliberately retrogressive measures are taken, the State party has the burden of providing that they have been introduced after the most careful consideration of all alternatives…
“…All necessary interim measures [should] be taken to prevent the alleged violations and, in the event that research and investigations support or suggest the allegations to be correct, to ensure adequate measure to prevent their occurrence as well as to guarantee the accountability of any person responsible of the alleged violations.”
Unfortunately, the UN has no real power to enforce U.S. compliance with international standards. And the U.S. has a long history of bucking international law, so it’s doubtful that this appeal will have much impact.
The letter closes with a request for more information regarding the proposed impact of an Obamacare repeal, and further asks that the letter – which was directed to the State Department in February – be passed along to congressional leadership. But according to the Washington Post, the majority and minority leaders of both the House and Senate did not hear of the letter until late last month, when it leaked to Democratic leadership in Congress.
President Donald Trump and his Republican colleagues have long been opposed to the United Nations, so it’s unsurprising his State Department failed to pass the letter along. As far back as 2011 the president criticized the UN for what he perceived as an anti-Israel agenda. His proposed 2018 budget threatens to cut American funding to the international organization by 50 percent.
The letter’s author, Dainius Puras, will issue a public statement regarding the Obamacare repeal at the next OHCHR session in June.
Featured image via YouTube video.
