Special Rapporteur Expresses Concern about Human Rights Impact of ACA Repeal

According to a Washington Post report, in February 2017, UN Special Rapporteur Dainius Puras wrote a formal letter to the US Mission to the United Nations expressing concern over human  rights violations should the Affordable Care Act be repealed.  The letter was revealed for the first time on Tuesday by the Washington Post. Among other things, the letter explains US obligations to avoid retrogression after having expanded access to vital health care coverage.  The International Covenant on Economic, Social and Cultural Rights, which protects the right to health, was signed in 1977 by President Jimmy Carter, giving rise to an international law obligation not to take actions that would defeat the purpose of the covenant.  The letter further cites obligations under the Universal Declaration of Human Rights, as a matter of customary law.

The Rapporteur’s letter directs a number of questions to the US government concerning the impact of ACA repeal, and indicates that the information will be considered by the Human Rights Council. 

On many occasions since the ACA’s enactment, the Obama Administration touted the ACA in international fora as a demonstration of the US government’s efforts to address human rights.  An amicus brief filed the Leadership Conference on Civil and Human Rights Florida v. HHS case collects a number of those statements.

Given the human rights at stake, it is entirely appropriate that the current Administration should defend any repeal before the international community as well as at home.  To date, though, it appears that the government has offered no response whatsoever to the Special Rapporteur’s letter.  Is it possible that it has none?