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COVID-19 is a test of societies, of governments, of communities and of individuals. It is a time for solidarity and
cooperation to tackle the virus, and to mitigate the effects, often unintended, of measures designed to halt the spread
of COVID-19. Respect for human rights across the spectrum, including economic social, and cultural rights, and civil and
political rights, will be fundamental to the success of the public health response and recovery from the pandemic.
ACCESS TO HEALTH CARE
- Health strategies should address not only the medical dimensions of the pandemic but also the human rights and gender-specific consequences of measures taken as part of the health response.
- Treatment should be available to everyone without discrimination, including the most vulnerable and marginalized. This means ensuring that no one is denied timely and appropriate treatment because they lack the means to pay for it, on the basis of age, or because stigma prevents them from getting treatment.
- Governments have to take difficult decisions in response to COVID-19. International law allows emergency measures in response to significant threats – but measures that restrict human rights should be proportionate to the evaluated risk, necessary and applied in a non-discriminatory way. This means having a specific focus and duration, and taking the least intrusive approach possible to protect public health.
- When states of emergency are declared, states that are parties to the International Covenant on Civil and Political Rights should meet their legal obligation to provide formal notification through the UN Secretary-General. Regional human rights treaties include similar obligations.
- With regard to COVID-19, emergency powers must only be used for legitimate public health goals, not used as a basis to quash dissent, silence the work of human rights defenders or journalists, or take any other steps that are not strictly necessary to address the health situation. Some rights cannot be restricted even during a state of emergency (nonderogable), including the principle of non-refoulement, the prohibition of collective expulsion, the prohibition of torture and ill-treatment, the right to freedom of thought, conscience and religion, and others.
- Governments should inform the affected population of what the emergency measures are, where they apply and for how long they are intended to remain in effect, and should update this information regularly and make it widely available.
- As soon as feasible, it will be important for Governments to ensure a return to life as normal and not use emergency powers to indefinitely regulate day-to-day life, recognising that the response must match the needs of different phases of this crisis.
