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2021, Review of European Studies
Human rights dimensions of the Covid-19 response escalate the obligations of governments. Since the time Covid was first identified in December 2020 in Wuhan, China, Human Rights Watch has reported several human rights abuses including the authoritarian responses in some countries. Many governments are expanding public health measures by abandoning universal human rights. People are arrested for violating lockdown measures and curfews. Police and/or security forces are using violence, including lethal force, to enforce public health measures such as curfews and the wearing of masks. Lockdowns have imposed restrictions on individual movement by restraining them from leaving their place of residence. Some countries have imposed partial lockdowns. While restrictions on freedom of movement are necessary in the interest of protecting public health, states still are accountable to ensure that such restrictions are proportionate, evidence-based, and time-limited. There were grievances an...
Madonna University Nigeria Faculty OF Law Law Journal, 2021
The venom of the recently declared pandemic; Corona Virus Disease 2019 (COVID-19) spitted across the globe necessitated a reasonable proportion of the state of the world to declare public lockdown among other measures and even put machinery in motion to enforce the measures which raise the question as to whether the public lockdown during pandemic amounts to protection or breach of human rights of people living within the state that declared and enforced public lockdown. The general objective of the study is to examine the effect of public lockdown during a pandemic on human rights protection while the specific objectives are to examine public lockdown as a measure of human right protection during a pandemic, public lockdown simultaneously as a measure of protection and violation of human right during the pandemic as well as public lockdown as a measure of breach of human rights during a pandemic. The study adopted qualitative method of data collection and analysis and by so doing, relied heavily on extant literature from journal articles, official documents, workshop and seminar papers, newspapers, magazines and internet sources. The study revealed that public lockdown during pandemic amount to human rights protection as well as contemporaneously amount to protection and violation of human rights. Also, the study revealed that public lockdown during pandemic did not amount to protection or violation of human rights as well as the amount to a breach of human rights but all depends on the surrounding circumstances.
The right to the best quality of healthcare is guaranteed by international human rights law, and as a result, States are compelled to take the necessary governmental actions to realize that objective. Considering the nature of such a pandemic, States must specifically pledge to be protectors of public health and offer healthcare to everyone. At the same time, the international human rights law also provides for the governments feasibility to put some restrictions on the application of human rights when it is essential to protect the rights of bigger groups of citizens. The COVID-19 global pandemic has created unusual circumstances that have resulted in greater limits on human rights than would often be the case, both in terms of their magnitude and their duration. A public health emergency, such as the COVID-19 pandemic, is a humanitarian emergency since everyone has the right to health. Yet, perceptions about the impact of COVID-19 epidemic on human rights seem to have differed greatly among rights, time, and countries. This paper tries to give a look into how the pandemic has affected various human rights.
This Chapter aims to analyze whether the restrictions imposed by some countries in the face of the challenge of the Covid-19 pandemic violated human rights. Governments around the World are taking actions that, in an effort to protect the population and prevent dissemination, could violate human rights. It is understandable that some rights are restricted to the control of the disease, however, in this Chapter, we raise the question on whether these measures taken to prevent the spread of the virus obey some principles, such as necessity, proportionality, sensible temporality. This work seeks to understand whether the Violations of Human Rights in the Covid-19 Pandemic 232 LAWINTER EDITIONS pandemic of the new coronavirus is a variable that contributes to the violation of human rights.
Like previous pandemics, Covid-19 has led to a broad range of human rights violations around the world, from censorship and the silencing of criticism to the excessive use of police force. (1) Human rights are key in shaping the pandemic response, both for the public health emergency and the broader impact on people's lives and livelihoods. Human rights put people centre-stage. Respect for human rights across the spectrum, including economic and social rights, and civil and political rights, will be fundamental to the success of the public health response. Responses that are shaped by and respect human rights result in better outcomes in beating the pandemic, ensuring healthcare for everyone and preserving human dignity. But they also focus our attention on who is suffering most, why, and what can be done about it. They prepare the ground now for emerging from this crisis with more equitable and sustainable societies, development and peace. This is not a time to neglect human rights; it is a time when, more than ever, human rights are needed to navigate this crisis in a way that will allow us, as soon as possible, to focus again on achieving equitable sustainable development and sustaining peace.(2)
Constitutional and legal academic studies, 2021
Following the declaration of a pandemic caused by the SARS-CoV-2 virus, the EU and Ukraine have taken various measures to prevent infection and protect the health of citizens, including: mandatory obervation (most countries); introduction of the rules of responsibitity for violation of quarantine restrictions (usually administrative, but criminal liability is also possible); closure of educational and entertainment facilities, as well as public catering establishments (remote operation of educational facilities is allowed, as well as operation of public catering establishments with food delivery); obligation to wear masks; prohibition of movement of groups of persons; maximum transfer of employees to remote work; ban on operation of most companies (introduced by Italy and Spain); closing borders; curfew (introduced in Italy, Spain and Georgia); self-isolation of persons belonging to risk groups. Ukraine has implemented all these measures, except for curfew and closure of all enterpr...
Reviews in Cardiovascular Medicine
2021
The COVID-19 pandemic has been a challenge to human rights and human rights law globally. The epidemic itself as well as the measures enacted to contain it continuously affect the enjoyment of internationally protected human rights. Furthermore, populism traditionally thrives on crises which can provide legitimacy to extraordinary politics that consistently have proved to be the anti-thesis to human rights compliance and to checks on the power of the executive. In the case of COVID-19 however, democratic states have been dealing with a genuine crisis and extraordinary policies have been warranted. Despite claims to the contrary, human rights do not present a barrier to decisive action to contain the virus. In fact, this working paper argues the opposite. The paper presents three perspectives on how human rights can act as a guide in the fight against the pandemic. Chapter 1 contrasts human rights-based approaches to fighting the spread with populist or authoritarian approaches. It explains what human rights-based approaches to genuine crises look like, as opposed to approaches with little regard for fundamental rights, providing a reliable way to spot the difference. Chapter 2 engages in a methodological discussion on how reliably to measure human rights compliance and promotion in connection with a global pandemic and conducts a survey of existing guides and trackers. Finally, Chapter 3 presents a method for real-life application of the results of the analysis in Chapter 1 and the discussion in Chapter 2 in the form of an assessment model for human rights protection and promotion during the COVID-19 pandemic and beyond.
International Journal of Multidisciplinary Sciences and Advanced Technology, 2020
IACP WEBSITE GLOBAL POLICE RESPONSE TO COVID19, 2020
The security institutions like the police are at the center stage of health related crisis brought by the spread of Covid 19, placing the police staff next only to the health workers as important agents of the state to render services for mitigating crisis amidst high levels of fear and insecurity in the society. The police forces worldwide struggle to live up to this mammoth challenge to human life and survival in an increasingly risky health environment forcing people to change livelihood norms and lifestyles and compelling governments to restrict human to human contacts through containment and controls over social and economic life. This has compromised usually held public liberties of freedom of movement at the demands of survival, health and safety. The police forces which are entrusted to ensure these liberties are now pressed hard to prioritize restrictions and controls, a challenge in reverse job orientation. However the patterns and practices vary from state to state, depending upon particular social, economic and governance context of each country and the varying degree of the risk factors involved through the spread of Covid 19 virus.
International Journal of Humanities and Social Development Research, 2020
International experience suggests that public emergencies, including natural disasters, armed conflicts, pandemics and etc. pose a heightened threat of mass and systematic human rights violations. The random outbreak of the COVİD-19 pandemic once again justified the necessity of the responsibility of states to ensure the right to health of citizens and those, under their legal jurisdiction for residing temporarily or permanently as well as the right to protect. In this paper, we address the issue of state obligations during a state of emergency, including infectious disease outbreak. We contend that there is a pressing need to clarify the rights and responsibilities of States, especially in terms of fulfillment of international obligations as well as preventing discrimination against migrants, noncitizens and homeless persons during the emergencies. International law bound States to take fiduciary responsibility in terms of trustful citizen and state relationships; in this paper, we address the international law norms and human rights-based approaches to those principles and situations of how states caused to law violations during emergency. Preventive measures for COVID-19 that is unfortunately associated with some breaches of human rights, demonstrated that almost all states were in helpless situation in treatment and preventing this communicable disease. In this article, we will study different human rights under the umbrella of the state responsibility during the pandemic.
BMJ Global Health
To mitigate the spread of COVID-19, governments throughout the world have introduced emergency measures that constrain individual freedoms, social and economic rights and global solidarity. These regulatory measures have closed schools, workplaces and transit systems, cancelled public gatherings, introduced mandatory home confinement and deployed large-scale electronic surveillance. In doing so, human rights obligations are rarely addressed, despite how significantly they are impacted by the pandemic response. The norms and principles of human rights should guide government responses to COVID-19, with these rights strengthening the public health response to COVID-19.
Independent Panel on Pandemic Preparedness and Response, 2021
The Lancet
When the history of the COVID-19 pandemic is written, the failure of many states to live up to their human rights obligations should be a central narrative. The pandemic began with Wuhan officials in China suppressing information, silencing whistleblowers, and violating the freedom of expression and the right to health. Since then, COVID-19's effects have been profoundly unequal, both nationally and globally. These inequalities have emphatically highlighted how far countries are from meeting the supreme human rights command of non-discrimination, from achieving the highest attainable standard of health that is equally the right of all people everywhere, and from taking the human rights obligation of international assistance and cooperation seriously. We propose embedding human rights and equity within a transformed global health architecture as the necessary response to COVID-19's rights violations. This means vastly more funding from high-income countries to support low-income and middle-income countries in rights-based recoveries, plus implementing measures to ensure equitable distribution of COVID-19 medical technologies. We also emphasise structured approaches to funding and equitable distribution going forward, which includes embedding human rights into a new pandemic treaty. Above all, new legal instruments and mechanisms, from a right to health treaty to a fund for civil society right to health advocacy, are required so that the narratives of future health emergencies-and people's daily lives-are ones of equality and human rights.
Journal of International Humanitarian Legal Studies
States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.
Bristol University Press eBooks, 2020
Journal of Human Rights
Policy responses to the COVID-19 pandemic have impacted a range of human rights, with the pandemic being used to justify police violence, authoritarian power grabs, and corruption. Health systems in high-and low-income countries have struggled to provide adequate COVID-19 testing, tracing, and treatment, with non-COVID-19 healthcare-restricted, vulnerable populations at high risk of infection and negative health and social impacts, and lockdowns exacerbating poverty, domestic violence, and mental health problems. If underresourced health systems are overwhelmed by COVID-19, and individuals are forced to bear testing and treatment costs, there is a stronger likelihood of health system failures, for higher mortality from a range of causes, and for people to be pushed further into poverty and insecurity. COVID-19 thus underscores the urgent need for clearer rules about legitimate restrictions of the right to health in responding to the pandemic, and for safeguarding global health policy initiatives in its aftermath. This article focuses on key right-to-health challenges, including realization of universal health coverage, and potential challenges in access to future COVID-19 therapies and vaccines. We conclude with reflections on what the pandemic may mean for the evolution of human rights, and the right to health in particular.
Voices from the SYLFF Community, 2021
The COVID-19 pandemic is challenging the international community’s commitment to human rights protection. In this short contribution, Ana Zdravkovic, a PhD candidate at the University of Belgrade, looks at the “derogation clauses” included in most international human rights treaties, which allow for the temporary suspension of certain rights in emergency situations, and notices a disturbing trend in how states are approaching them.
Review of European and Comparative Law, 2021
In this article, we attempt to present the legal grounds for introducing restrictions on human rights during the COVID-19 pandemic from a comparative legal perspective. We refer to the findings of a research project completed in 2020, trying to synthesize them and confront them with existing theoretical models. We strive to capture general patterns in the legal basis for states’ actions in response to global threats such as the COVID-19 pandemic. Comparative legal research contributes to the creation of universal solutions, which, taking into account the specificity of the system, can then be applied in local conditions.
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