Constitution of The World Health Organization
Constitution of The World Health Organization
Constitution of The World Health Organization
This text replaces that on pages 1-18 of the Forty-fifth edition of Basic documents, following
the coming into force of amendments adopted by the Fifty-first World Health Assembly.
CONSTITUTION
OF THE WORLD HEALTH ORGANIZATION1
–1–
2 BASIC DOCUMENTS, Supplement 2006
CHAPTER I – OBJECTIVE
Article 1
The objective of the World Health Organization (hereinafter called the
Organization) shall be the attainment by all peoples of the highest possible
level of health.
CHAPTER II – FUNCTIONS
Article 2
In order to achieve its objective, the functions of the Organization shall
be:
(a) to act as the directing and co-ordinating authority on international
health work;
(b) 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;
(c) to assist Governments, upon request, in strengthening health services;
(d) to furnish appropriate technical assistance and, in emergencies, neces-
sary aid upon the request or acceptance of Governments;
(e) 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;
(f) to establish and maintain such administrative and technical services as
may be required, including epidemiological and statistical services;
(g) to stimulate and advance work to eradicate epidemic, endemic and
other diseases;
(h) to promote, in co-operation with other specialized agencies where nec-
essary, the prevention of accidental injuries;
(i) to promote, in co-operation with other specialized agencies where nec-
essary, the improvement of nutrition, housing, sanitation, recreation,
economic or working conditions and other aspects of environmental
hygiene;
(j) to promote co-operation among scientific and professional groups
which contribute to the advancement of health;
(k) to propose conventions, agreements and regulations, and make recom-
mendations with respect to international health matters and to perform
CONSTITUTION OF WHO 3
Article 4
Members of the United Nations may become Members of the Organiza-
tion by signing or otherwise accepting this Constitution in accordance with
the provisions of Chapter XIX and in accordance with their constitutional
processes.
Article 5
The States whose Governments have been invited to send observers to
the International Health Conference held in New York, 1946, may become
4 BASIC DOCUMENTS, Supplement 2006
Article 6
Article 7 1
Article 8
Territories or groups of territories which are not responsible for the con-
duct of their international relations may be admitted as Associate Members
by the Health Assembly upon application made on behalf of such territory
or group of territories by the Member or other authority having responsibil-
ity for their international relations. Representatives of Associate Members
to the Health Assembly should be qualified by their technical competence
in the field of health and should be chosen from the native population. The
nature and extent of the rights and obligations of Associate Members shall
be determined by the Health Assembly.
CHAPTER IV – ORGANS
Article 9
(a) The World Health Assembly (herein called the Health Assembly);
(b) The Executive Board (hereinafter called the Board);
(c) The Secretariat.
1
The amendment to this Article adopted by the Eighteenth World Health Assembly (resolution
WHA18.48) has not yet come into force.
CONSTITUTION OF WHO 5
Article 10
The Health Assembly shall be composed of delegates representing
Members.
Article 11
Each Member shall be represented by not more than three delegates, one
of whom shall be designated by the Member as chief delegate. These dele-
gates should be chosen from among persons most qualified by their techni-
cal competence in the field of health, preferably representing the national
health administration of the Member.
Article 12
Alternates and advisers may accompany delegates.
Article 13
The Health Assembly shall meet in regular annual session and in such
special sessions as may be necessary. Special sessions shall be convened at
the request of the Board or of a majority of the Members.
Article 14
The Health Assembly, at each annual session, shall select the country or
region in which the next annual session shall be held, the Board subse-
quently fixing the place. The Board shall determine the place where a spe-
cial session shall be held.
Article 15
The Board, after consultation with the Secretary-General of the United
Nations, shall determine the date of each annual and special session.
Article 16
The Health Assembly shall elect its President and other officers at the
beginning of each annual session. They shall hold office until their succes-
sors are elected.
Article 17
The Health Assembly shall adopt its own rules of procedure.
6 BASIC DOCUMENTS, Supplement 2006
Article 18
Article 19
Article 20
Each Member undertakes that it will, within eighteen months after the
adoption by the Health Assembly of a convention or agreement, take action
relative to the acceptance of such convention or agreement. Each Member
shall notify the Director-General of the action taken, and if it does not
accept such convention or agreement within the time limit, it will furnish a
statement of the reasons for non-acceptance. In case of acceptance, each
Member agrees to make an annual report to the Director-General in accord-
ance with Chapter XIV.
Article 21
Article 22
Regulations adopted pursuant to Article 21 shall come into force for all
Members after due notice has been given of their adoption by the Health
Assembly except for such Members as may notify the Director-General of
rejection or reservations within the period stated in the notice.
8 BASIC DOCUMENTS, Supplement 2006
Article 23
The Health Assembly shall have authority to make recommendations to
Members with respect to any matter within the competence of the Organi-
zation.
Article 25
These Members shall be elected for three years and may be re-elected,
provided that of the Members elected at the first session of the Health
Assembly held after the coming into force of the amendment to this Consti-
tution increasing the membership of the Board from thirty-two to thirty-
four the term of office of the additional Members elected shall, insofar as
may be necessary, be of such lesser duration as shall facilitate the election
of at least one Member from each regional organization in each year.
Article 26
The Board shall meet at least twice a year and shall determine the place
of each meeting.
Article 27
The Board shall elect its Chairman from among its members and shall
adopt its own rules of procedure.
Article 28
The functions of the Board shall be:
(a) to give effect to the decisions and policies of the Health Assembly;
(b) to act as the executive organ of the Health Assembly;
CONSTITUTION OF WHO 9
Article 29
The Board shall exercise on behalf of the whole Health Assembly the
powers delegated to it by that body.
Article 31
Article 32
Article 33
The Director-General or his representative may establish a procedure by
agreement with Members, permitting him, for the purpose of discharging
his duties, to have direct access to their various departments, especially to
their health administrations and to national health organizations, govern-
mental or non-governmental. He may also establish direct relations with
international organizations whose activities come within the competence of
the Organization. He shall keep regional offices informed on all matters
involving their respective areas.
Article 34
The Director-General shall prepare and submit to the Board the financial
statements and budget estimates of the Organization.
Article 35
The Director-General shall appoint the staff of the Secretariat in accord-
ance with staff regulations established by the Health Assembly. The para-
mount consideration in the employment of the staff shall be to assure that
the efficiency, integrity and internationally representative character of the
Secretariat shall be maintained at the highest level. Due regard shall be paid
also to the importance of recruiting the staff on as wide a geographical
basis as possible.
Article 36
The conditions of service of the staff of the Organization shall conform
as far as possible with those of other United Nations organizations.
Article 37
In the performance of their duties the Director-General and the staff
shall not seek or receive instructions from any government or from any
authority external to the Organization. They shall refrain from any action
which might reflect on their position as international officers. Each Mem-
ber of the Organization on its part undertakes to respect the exclusively
international character of the Director-General and the staff and not to seek
to influence them.
Article 39
The Board, from time to time and in any event annually, shall review the
necessity for continuing each committee.
Article 40
The Board may 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.
CHAPTER IX – CONFERENCES
Article 41
The Health Assembly or the Board may convene local, general, techni-
cal or other special conferences to consider any matter within the compe-
tence of the Organization and may provide for the representation at such
conferences of international organizations and, with the consent of the
Government concerned, of national organizations, governmental or non-
governmental. The manner of such representation shall be determined by
the Health Assembly or the Board.
Article 42
The Board may provide for representation of the Organization at confer-
ences in which the Board considers that the Organization has an interest.
CHAPTER X – HEADQUARTERS
Article 43
The location of the headquarters of the Organization shall be determined
by the Health Assembly after consultation with the United Nations.
Article 45
Each regional organization shall be an integral part of the Organization
in accordance with this Constitution.
Article 46
Each regional organization shall consist of a regional committee and a
regional office.
Article 47
Regional committees shall be composed of representatives of the Mem-
ber States and Associate Members in the region concerned. Territories or
groups of territories within the region, which are not responsible for the
conduct of their international relations and which are not Associate Mem-
bers, shall have the right to be represented and to participate in regional
committees. The nature and extent of the rights and obligations of these ter-
ritories or groups of territories in regional committees shall be determined
by the Health Assembly in consultation with the Member or other authority
having responsibility for the international relations of these territories and
with the Member States in the region.
Article 48
Regional committees shall meet as often as necessary and shall deter-
mine the place of each meeting.
Article 49
Regional committees shall adopt their own rules of procedure.
Article 50
The functions of the regional committee shall be:
(a) to formulate policies governing matters of an exclusively regional char-
acter;
(b) to supervise the activities of the regional office;
(c) to suggest to the regional office the calling of technical conferences and
such additional work or investigation in health matters as in the opinion
of the regional committee would promote the objective of the Organiza-
tion within the region;
(d) to co-operate with the respective regional committees of the United
Nations and with those of other specialized agencies and with other
regional international organizations having interests in common with
the Organization;
CONSTITUTION OF WHO 13
Article 51
Subject to the general authority of the Director-General of the Organiza-
tion, the regional office shall be the administrative organ of the regional
committee. It shall, in addition, carry out within the region the decisions of
the Health Assembly and of the Board.
Article 52
The head of the regional office shall be the Regional Director appointed
by the Board in agreement with the regional committee.
Article 53
The staff of the regional office shall be appointed in a manner to be
determined by agreement between the Director-General and the Regional
Director.
Article 54
The Pan American Sanitary Organization1 represented by the Pan
American Sanitary Bureau and the Pan American Sanitary Conferences,
and all other inter-governmental regional health organizations in existence
prior to the date of signature of this Constitution, shall in due course be
integrated with the Organization. This integration shall be effected as soon
as practicable through common action based on mutual consent of the
competent authorities expressed through the organizations concerned.
Article 56
Subject to any agreement between the Organization and the United
Nations, the Health Assembly shall review and approve the budget esti-
mates and shall apportion the expenses among the Members in accordance
with a scale to be fixed by the Health Assembly.
Article 57
The Health Assembly or the Board acting on behalf of the Health
Assembly may accept and administer gifts and bequests made to the Organ-
ization provided that the conditions attached to such gifts or bequests are
acceptable to the Health Assembly or the Board and are consistent with the
objective and policies of the Organization.
Article 58
A special fund to be used at the discretion of the Board shall be estab-
lished to meet emergencies and unforeseen contingencies.
Article 60
(a) Decisions of the Health Assembly on important questions shall be
made by a two-thirds majority of the Members present and voting. These
questions shall include: the adoption of conventions or agreements; the
approval of agreements bringing the Organization into relation with the
United Nations and inter-governmental organizations and agencies in
accordance with Articles 69, 70 and 72; amendments to this Constitution.
(b) Decisions on other questions, including the determination of addi-
tional categories of questions to be decided by a two-thirds majority, shall
be made by a majority of the Members present and voting.
(c) Voting on analogous matters in the Board and in committees of the
Organization shall be made in accordance with paragraphs (a) and (b) of
this Article.
Article 62
Each Member shall report annually on the action taken with respect to
recommendations made to it by the Organization and with respect to con-
ventions, agreements and regulations.
Article 63
Each Member shall communicate promptly to the Organization impor-
tant laws, regulations, official reports and statistics pertaining to health
which have been published in the State concerned.
Article 64
Each Member shall provide statistical and epidemiological reports in a
manner to be determined by the Health Assembly.
Article 65
Each Member shall transmit upon the request of the Board such addi-
tional information pertaining to health as may be practicable.
Article 67
(a) The Organization shall enjoy in the territory of each Member such
privileges and immunities as may be necessary for the fulfilment of its
objective and for the exercise of its functions.
(b) Representatives of Members, persons designated to serve on the
Board and technical and administrative personnel of the Organization shall
similarly enjoy such privileges and immunities as are necessary for the
independent exercise of their functions in connexion with the Organization.
Article 68
Such legal capacity, privileges and immunities shall be defined in a sepa-
rate agreement to be prepared by the Organization in consultation with the
Secretary-General of the United Nations and concluded between the Mem-
bers.
16 BASIC DOCUMENTS, Supplement 2006
Article 69
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 agreement or agreements bringing the Organiza-
tion into relation with the United Nations shall be subject to approval by a
two-thirds vote of the Health Assembly.
Article 70
Article 71
Article 72
Article 73
Article 75
Any question or dispute concerning the interpretation or application of
this Constitution which is not settled by negotiation or by the Health
Assembly shall be referred to the International Court of Justice in conform-
ity with the Statute of the Court, unless the parties concerned agree on
another mode of settlement.
Article 76
Upon authorization by the General Assembly of the United Nations or
upon authorization in accordance with any agreement between the Organi-
zation and the United Nations, the Organization may request the Interna-
tional Court of Justice for an advisory opinion on any legal question arising
within the competence of the Organization.
Article 77
The Director-General may appear before the Court on behalf of the
Organization in connexion with any proceedings arising out of any such
request for an advisory opinion. He shall make arrangements for the pres-
entation of the case before the Court, including arrangements for the argu-
ment of different views on the question.
Article 79
(a) States may become parties to this Constitution by:
(i) signature without reservation as to approval;
(ii) signature subject to approval followed by acceptance; or
(iii) acceptance.
1
The amendment to this Article adopted by the Thirty-first World Health Assembly (resolution
WHA31.18) has not yet come into force.
18 BASIC DOCUMENTS, Supplement 2006
Article 80
This Constitution shall come into force when twenty-six Members of the
United Nations have become parties to it in accordance with the provisions
of Article 79.
Article 81
In accordance with Article 102 of the Charter of the United Nations, the
Secretary-General of the United Nations will register this Constitution
when it has been signed without reservation as to approval on behalf of one
State or upon deposit of the first instrument of acceptance.
Article 82
The Secretary-General of the United Nations will inform States parties
to this Constitution of the date when it has come into force. He will also
inform them of the dates when other States have become parties to this
Constitution.
IN FAITH WHEREOF the undersigned representatives, having been duly
authorized for that purpose, sign this Constitution.
DONE in the City of New York this twenty-second day of July 1946, in a
single copy in the Chinese, English, French, Russian and Spanish lan-
guages, each text being equally authentic. The original texts shall be depos-
ited in the archives of the United Nations. The Secretary-General of the
United Nations will send certified copies to each of the Governments repre-
sented at the Conference.
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