The Global Unvaccinated South: a crisis in constitutional law?

The Vaccine Apartheid reveals the unequal access to the SARS-CoV-2 vaccine . Only a limited group of countries managed to vaccinate their population in a timely manner. This in spite of the existence of an international legal legal regime that recognizes health as a fundamental right (ex: Constitutive Treaty of WHO, preamble).

This situation could be understood on the basis of the constitutions of the liberal world. This is because they were drafted mainly to guarantee individual rights of the citizens under certain jurisdiction, but are not concerned with global challenges such as public health, climate or peace. Thus, the above crisis is not the result of the ineffectiveness of international law but rather depicts a total disconnection of traditional constitutionalism with the collective challenges facing humanity.