BRICS and the Regulation of Traditional Medicine: The Decisive Role of the WHO, ICD-11, and International Experiences
The 16th BRICS Health Ministers Meeting, held in Chandigarh, India, resulted in the most significant political recognition in the bloc's history regarding traditional, complementary, and integrative medicine (TCIM). For the first time, the Health Ministerial Declaration included a section dedicated to the subject, solidifying the member countries' formal commitment to establishing a specialized working group aimed at fostering dialogue, technical cooperation, and scientific exchange in the field.
The document establishes a comprehensive agenda focused on generating scientific evidence and ensuring methodological rigor for the clinical validation of traditional practices. This includes fostering collaborative multicenter studies, sharing best practices, rigorously assessing quality, safety, and toxicity, and conducting pharmacovigilance. Additionally, the declaration strongly encourages the registration of clinical trials on traditional, complementary, and integrative medicine (TCIM) on internationally recognized platforms, such as the WHO global registry.
Another key aspect of the agreement is the strong emphasis on digital and technological innovation applied to traditional medicine, envisaging cooperation in the development of knowledge platforms and digital repositories, as well as integration with global initiatives such as the WHO Global Traditional Medicine Library. By aligning the bloc’s objectives with the WHO Traditional Medicine Strategy 2025–2034, BRICS strengthens the international architecture needed to promote the safe, effective, and scientifically backed use of these practices within their respective health systems.
The counterpoints
The conflict between tradition and modern science can be viewed as a "natural epistemological tension" that contemporary legislatures must resolve through legal expertise. International political coordination has bypassed one of the field's major normative challenges: operational integration and official standardization within global coding systems.
The BRICS text mentions the WHO International Traditional Medicine Clinical Trial Registry mechanism to focus on evidence generation and the scientific validation of treatments, yet it still fails to directly address the thorny issue of adopting and harmonizing ICD-11 within the domestic regulatory frameworks of its member countries.
While the ICD-11 (International Classification of Diseases, 11th Revision—which incorporated the well-known Chapter 25 on traditional medicine diseases and patterns) serves as a diagnostic nomenclature and statistical coding system—used to record morbidity and mortality and to fill the regulatory gap in health systems—the WHO International Clinical Trials Registry Platform for Traditional Medicine is a database dedicated strictly to the registration and transparency of scientific research and therapeutic trials prior to their conduct and publication.
Both are completely different instruments and tools within the WHO, although they serve to lend scientific and institutional legitimacy to traditional medicine.
While the Chandigarh Declaration focuses on clinical validation, artificial intelligence, and the WHO Global Library of Traditional Medicine, the omission regarding the ICD-11 (specifically concerning Traditional Medicine codes) perpetuates the disconnect between the diplomatic rhetoric of inclusion and the practical reality of health systems.
Without an explicit guideline for adopting and aligning ICD-11 within the regulatory frameworks of the bloc's countries, the purported "elevation" of traditional medicine risks remaining merely a matter of scientific and market-driven intentions, while ignoring the structural failure of legislatures and health agencies to properly classify, bill for, and provide legal certainty regarding these practices.
Key points to consider
The Disconnect Between Evidence Generation and Diagnostic Harmonization (The Omission of ICD-11)
The document celebrates cooperation regarding clinical trials, therapeutic validation, and artificial intelligence platforms, yet remains completely silent on the incorporation of and alignment with ICD-11 (particularly Chapter 25).
The commitment to investment and clinical research aimed at proving the efficacy of traditional therapies hits a significant institutional barrier when—at the operational level of the healthcare system, such as in electronic health records, morbidity statistics, and official care logs—these practices remain devoid of unified statistical and regulatory coding. Without the proper diagnostic standardization enabled by ICD-11, academic and technological progress runs up against a bureaucratic and legal void that limits the effective systemic integration of these approaches.
Methodological Challenges in Transposing the 2015 Chinese Model
By seeking to elevate traditional medicine through generic cooperation guidelines, the bloc perpetuates the uncritical transposition of the regulatory model consolidated in China in 2015—which linked traditional medicine with biomedicine under a policy of strong state-led promotion—to radically different legal and health contexts.
A conceptual challenge arises when attempting to unify heterogeneous medical systems (such as acupuncture, Ayurveda, and traditional practices of African or Latin American origin) under a single diplomatic umbrella without adequately safeguarding their distinct epistemologies. Legislative drafting often uncritically adopts the rhetoric of "integrating" foreign experiences, resulting in legislative shortcomings by failing to develop regulatory frameworks properly adapted to the health sovereignty, biodiversity, and cultural plurality of each member country.
The regulatory model consolidated in China between 2015 and 2017 stands out as an effective tool for geopolitical projection and economic development, yet it harbors structural tensions from health and epistemological perspectives. Conceptually and clinically, the attempt to integrate modern biomedicine with traditional systems rooted in philosophical principles creates friction with methodological rigor. This scenario is exacerbated by state-led promotion that sometimes prioritizes cultural sovereignty over transparent, independent clinical evaluations, thereby complicating efforts toward coherent standardization.
Furthermore, the uncritical transposition of this model to the international stage—reflected in multilateral agreements and global guidelines—transfers regulatory weaknesses to partner countries that often lack the same industrial infrastructure and quality control capabilities at the source. The absence of methodological safeguards equivalent to those required of the conventional pharmaceutical industry risks entrenching a double regulatory standard. Thus, the institutional arrangement may reveal a significant technical gap in harmonizing the preservation of traditional therapeutic heritage with evidence-based health safety requirements.
Shifting Priorities: Betting on Digital Innovation Amidst Local Regulatory Inertia
The text relies on cutting-edge innovations—such as integration with the WHO Global Library, digital repositories, and artificial intelligence—as solutions for advancing the field, thereby deviating from logical and methodological priorities. This approach skips essential foundational steps; it is challenging to aim for the digitization, automation, and AI-driven application of integrative therapies on a transnational scale when many countries in the bloc lack consolidated federal laws or unified professional councils. The lack of legal certainty regarding practitioner qualification, oversight mechanisms, and the proper integration of procedures into public health systems (such as Brazil’s Unified Health System) demonstrates that a technological focus may temporarily mask regulatory gaps without addressing the need for fundamental legislative improvements.
The Limitations of Soft Law: The Illusion of Harmonization without Binding Obligations
BRICS ministerial declarations operate under the logic of "soft law," consisting of policy recommendations devoid of coercive or binding force. Although the countries agree on an ambitious agenda for international cooperation, they retain full autonomy to disregard these guidelines within their domestic spheres. The creation of working groups and expert committees fosters the production of reports and dialogue forums but lacks mechanisms to mandate concrete targets for national legislative alignment. Consequently, a continuous flow of diplomatic deliberations is established—generating institutional formality—yet this has little to no impact on the actions of national parliaments and regulatory agencies.
The Gap Between International Discourse and Parliamentary Practice
BRICS ministerial declarations and global guidelines operate under the logic of "soft law," consisting of recommendations devoid of coercive or binding force. Although these countries agree on an ambitious agenda for international cooperation, they retain full autonomy to disregard the guidelines domestically, resulting in a continuous stream of diplomatic deliberations that offer solemnity but have zero impact on national parliaments. In Brazil, this disconnect is exemplified by absolute legislative stagnation: the only structured bill regarding traditional medicine—Bill 5078/2005, authored by Federal Deputy Edson Valverde—lapsed due to the expiration of the legislative term, without any political mobilization, institutional interest, or initiative to reintroduce it. The creation of international committees and isolated administrative orders thus serves as a palliative, infralegal response that masks the absence of a consistent regulatory framework and hollows out the practical significance of multilateral strategies.
A key issue in the regulatory literature concerns the misalignment between the rigorous standards required of the conventional pharmaceutical industry and the criteria applied to traditional medicinal products.
While this historical flexibility has been crucial for the accessibility of these therapies, it presents the challenge of enhancing quality control mechanisms and good manufacturing practices, ensuring that commercial expansion is accompanied by health safeguards equivalent to those found in biomedicine.
Another aspect debated by experts is the methodological challenge arising from the institutional legitimation of traditional practices alongside the evidence-based medicine model. The transposition of regulatory frameworks based on state or cultural guidelines—such as the initiative launched in 2015—sparks academic discussion regarding the need to reconcile the preservation of traditional therapeutic heritage with the requirement for independent, transparent clinical validation, thereby ensuring a balance between cultural sovereignty and patient safety.
International Models as Paradigms for Primary Regulation
Overcoming the regulatory vacuum and the inertia of emerging blocs requires that established international experiences no longer be ignored. The regulatory frameworks of nations that have effectively structured traditional medicine should form the core of a rigorous methodological agenda: they should be meticulously studied, subjected to technical debate, adapted to local realities, agreed upon by BRICS member states, implemented within domestic legal systems, and widely disseminated.
In 2009, Switzerland enshrined four complementary and alternative medicine practices—homeopathy, anthroposophic medicine, phytotherapy, and acupuncture—in its Federal Constitution (Article 118a), integrating them into the mandatory health insurance system following a successful public referendum.
Australia regulated traditional Aboriginal medicine ("Bush Medicine") in conjunction with its unified professional accreditation framework—the National Registration and Accreditation Scheme, managed by the Australian Health Practitioner Regulation Agency (AHPRA)—establishing a federal system that standardized training, mandatory registration, and ethical oversight for traditional and complementary practices (such as acupuncture and Chinese medicine) across the country.
In the United States, although the healthcare system is decentralized, there is a consolidated regulatory framework at both state and federal levels—exemplified by guidelines from the National Center for Complementary and Integrative Health (NCCIH), part of the National Institutes of Health (NIH). The regulation of acupuncture and integrative practices is legally formalized in the vast majority of states through licensing boards that mandate standardized national certification exams (such as those from the National Certification Commission for Acupuncture and Oriental Medicine—NCCAOM) and rigorous university-level training. This model prioritizes patient safety, integration with evidence-based medicine, and the clear legal definition of the professional scope of practice.
Portugal, in turn, represents a paradigmatic case in Europe of a successful transition from a regulatory vacuum to full legal formalization. After decades of ambiguous tolerance, the country enacted Law No. 45/2003 and, subsequently, the robust regulations consolidated by Laws No. 71/2013 and No. 109/2019; these established a legal framework and a system of professional credentials for so-called "non-conventional therapies" (including acupuncture, Traditional Chinese Medicine, osteopathy, and homeopathy). The Portuguese model demonstrates how parliamentary political will can overcome legislative inertia by creating a distinct professional status, defining higher education requirements, and subjecting therapists to the oversight of public health authorities.
South Korea has consolidated a dual healthcare system featuring equivalent state licenses and mandatory national insurance coverage, demonstrating that the sector's stability rests on firm legal foundations and long-term state strategies.
In all these contexts, the structuring of professional councils, oversight mechanisms, health safety criteria, and public funding does not happen by chance; these elements are the logical and institutional outcome of primary, binding legal regulation. A refusal to examine, adapt, and adopt these structured normative foundations signals the fragility of forums that prioritize diplomatic formality over popular sovereignty, legal certainty, and effective health outcomes.
The Disconnect with the Existing Regulatory Framework: The Omission of World Health Assembly Resolutions
Another aspect worth considering when analyzing BRICS declarations is the divergence from the normative frameworks and past resolutions adopted by the World Health Assembly (WHA). Although the bloc celebrates new cooperation agreements on traditional medicine, it fails to engage with the history of commitments and structural goals previously established by the WHO—such as the 2002–2005 agenda, whose integration and monitoring objectives faced domestic implementation challenges, evidenced by responses that were predominantly partial and based on regulations below the level of statutory law. Issuing new BRICS declarations without properly connecting them to this regulatory legacy highlights the challenge of aligning emerging diplomatic forums with established global guidelines, underscoring the need to overcome the fragmentation between multilateral commitments and the effectiveness of national public policies.
The WHO’s Normative History: A Consolidated Yet Unfulfilled Agenda
To grasp the extent of legislative omission and regulatory apathy—exemplified in the Brazilian context by the stagnation and expiration of parliamentary initiatives such as the bill proposed by Deputy Edson Valverde—it is necessary to revisit the extensive body of norms produced by the World Health Organization (WHO). Over the course of decades, the World Health Assembly (WHA) and the Executive Board adopted a series of structural resolutions that had already established guidelines for the safe integration, regulation, and research of traditional medicine.
The history of World Health Assembly resolutions demonstrates that the regulatory challenge regarding traditional medicine is not a lack of global normative parameters, but rather their chronic failure to be effectively implemented at the domestic level. Key milestones in this global regulatory legacy include historic resolutions such as WHA40.33 (1987), which called for the rational evaluation of traditional medicine; WHA42.43 (1989) and WHA44.34 (1991), focused on the promotion and appropriate use of medicinal plants; WHA56.31 (2003), which approved the global strategy for the 2002–2005 period and mandated systematic monitoring by Member States; WHA62.13 (2009), which reinforced the need for integrated universal coverage and the strengthening of national regulatory frameworks; and subsequent resolutions that culminated in the WHO Traditional Medicine Global Strategy (2025–2034).
Each Resolution marks a fundamental stage in the evolution—and the ongoing challenges—of traditional medicine regulation. For example:
WHA22.54 (1969): One of the first milestones to warn of the risks and economic waste associated with the empirical and unregulated use of traditional medicines, while highlighting the need for rigorous scientific research.
WHA29.72 (1976): Focused on health workforce development, recommending the integration and utilization of traditional practitioners within primary health care.
WHA30.49 (1977): A pre-Alma-Ata era milestone that urged governments to promote training and research in traditional systems, calling for appropriate regulation tailored to each national health system.
WHA35.33 (1982): Outlined guidelines on the appropriate use of herbal medicines and the need for international cooperation to assess their safety and efficacy. (Note: Together with the famous WHA40.33 of 1987, it consolidated the initial call for rational assessments).
WHA40.83 (1987): Reinforced the fundamental role of medicinal plants in health care and the urgent need for national quality control programs.
WHA41.19 (1988): Explicitly called upon Member States to critically evaluate the safety, efficacy, and quality of traditional medicines, while combating trade and use lacking scientific backing.
The progression from earlier normative frameworks and resolutions approved by the World Health Assembly also encompasses the recent guideline approved at WHA78 (2025), which formalized the Global Strategy on Traditional Medicine (2025–2034).
The WHO has amassed a substantial body of recommendations regarding safety, efficacy, quality control, and professional regulation. However, the refusal or inability of national parliaments to translate this framework into binding legislation—opting instead for isolated, piecemeal administrative orders—reveals that legislative inertia is a systemic, structural pattern; within this context, forums such as BRICS persist in reiterating diplomatic pledges that remain disconnected from this vast—and historically unfulfilled—normative legacy.
The contrast between this robust international framework—comprising over a dozen resolutions and global advocacy strategies—and the scarcity of effective national laws highlights the structural flaw of "soft law."
The World Health Organization's Traditional Medicine Resolutions, its Global TM Strategies, TM Benchmarks and TM Guidelines, as well as the inclusion of TM in ICD-11 and examples of TM regulation observed globally, cannot be overlooked.
They are the backbone of the process of regulating Traditional Medicine.