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This
is an introduction to the provisions of the International Code
and Resolutions.
The
International Code of Marketing of Breastmilk Substitutes was
adopted by the World Health Assembly in 1981 as a "minimum
requirement" to protect infant health and is to be implemented
"in its entirety." This document introduces the key
provisions of the International Code and subsequent,
relevant Resolutions
of the World Health Assembly.
A unique
instrument
The International
Code is a unique and indispensable tool to protect and promote
breastfeeding - an equally unique but threatened practice
- and to ensure that marketing of breastmilk substitutes,
feeding bottles and teats is appropriate. The International
Code was the first of its kind, an internationally adopted
and endorsed basic minimum requirement to protect healthy
practices in respect of infant and young child feeding. Although
less binding than a treaty or a convention, the International
Code is an international public health recommendation to regulate
the marketing of breastmilk substitutes, adopted by the World
Health Assembly (WHA).
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Although
WHA recommendations are generally not binding, they
"carry moral or political weight, as they constitute
the judgement on a health issue of the collective membership
of the highest international body in the field of health."
(Quote:
Shubber, S. The International Code, Digest of Health
Legislation, Vol. 36, No. 4, 1985, p. 884).
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The WHA
comprises the Ministers of Health of the world's governments,
and their advisers, eminent experts in the field of public
health or specific health issues. Although the United States
voted against the International Code in 1981, thirteen years
later the Clinton Administration endorsed the Code in the
WHA Resolution of 1994, giving the International Code the
support of every Member State of the WHA.
The International
Code was prepared by the World Health Organisation (WHO) and
the United Nations Children's Fund (UNICEF) after a process of
widespread consultation with governments, the infant feeding
industry, professional associations and NGOs. It is weaker than
the ideal and some definitions and articles are open to interpretation.
The industry has used imaginative methods to circumvent certain
elements.
When the
International Code was adopted under WHA Resolution 34.22 it
was recognised that experience and new scientific thinking would
require the issue to be re-visited. The Director General of WHO
was charged with producing a report in even years on the state
of implementation and to give suggestions for further action.
Accordingly Resolutions have been adopted clarifying and amplifying
the International Code. These subsequent, relevant Resolutions
enjoy the same status as the International Code itself.
The
International Code and Resolutions are to be implemented in a
variety of ways:
- Member
States of WHA are to implement the International Code in
national measures in its entirety as a minimum requirement.
They should similarly implement subsequent WHA Resolutions.
- Manufacturers
and distributors are called on to abide by the International
Code independently of other measures.
- NGOs,
professional groups, institutions and individuals are called
on to report violations.
- Other
international bodies, such as the FAO/WHO Codex Alimentarius
Commission, are called on to support and promote implementation
of the International Code.
- The
provisions of the International Code and Resolutions have
been incorporated into other international agreements such
as the Innocenti Declaration and parts of it in directives
of the European Union.
- Implementation
of the International Code and Resolutions is recognised
as one measure for governments to take to fulfil a country's
obligations under the Convention of the Rights of the Child.
NEXT: Understanding the International Code
A detailed
analysis and presentation of the International Code and subsequent,
relevant Resolutions has been published by IBFANs International
Code Documentation Centre as The Code Handbook.
Also refer
to :
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