COVID-19 and Human Rights We are all in this together APRIL 2020 Human rights are critical – for the response and the recovery They put people at the centre and produce better outcomes 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. 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. Why are human rights equip States and whole societies to respond to so important to the threats and crises in a way that puts people at the centre. Observing the crisis and its impact COVID-19 response? through a human rights lens puts a focus on how it is affecting people on the ground, partic- The world is facing an unprecedented crisis. ularly the most vulnerable among us, and what At its core is a global public health emer- can be done about it now, and in the long term. gency on a scale not seen for a century, Although this paper presents recommenda- requiring a global response with far-reaching tions, it is worth underlining that human rights consequences for our economic, social and are obligations which States must abide by. political lives. The priority is to save lives. Guaranteeing human rights for everyone poses In view of the exceptional situation and to pre- a challenge for every country around the world serve life, countries have no choice but to adopt to a differing degree. The public health crisis is extraordinary measures. Extensive lockdowns, fast becoming an economic and social crisis and adopted to slow transmission of the virus, a protection and human rights crisis rolled into restrict by necessity freedom of movement and, one. In some, ongoing crises, especially armed in the process, freedom to enjoy many other conflict, put human rights and other international human rights. Such measures can inadvertently legal protections under extra pressure. The affect people’s livelihoods and security, their COVID-19 crisis has exacerbated the vulnerability access to health care (not only for COVID-19), to of the least protected in society. It is highlight- food, water and sanitation, work, education – as ing deep economic and social inequalities and well as to leisure. Measures need to be taken to inadequate health and social protection systems mitigate any such unintended consequences. that require urgent attention as part of the pub- lic health response. Women and men, children, The United Nations has available a powerful youth and older persons, refugees and migrants, set of tools, in the form of human rights, that the poor, people with disabilities, persons in 2 COVID-19 AND HUMAN RIGHTS: WE ARE ALL IN THIS TOGETHER detention, minorities, LGBTI people, among oth- crisis can provide a pretext to adopt repressive ers, are all being affected differently. We have measures for purposes unrelated to the pan- an obligation to ensure everyone is protected demic. The instability and fear that the pandemic and included in the response to this crisis. engenders is exacerbating existing human rights concerns, such as discrimination against certain State authorities are having to deploy maximum groups, hate speech, xenophobia, attacks and resources to combat the spread of the disease and forced returns of refugees and asylum-seekers, protect lives. Decisions are being made at speed mistreatment of migrants, and sexual and gen- and, even though well-intended, some can inad- der-based violence, as well as limited access vertently have adverse consequences. Responses to sexual and reproductive health and rights. must be proportionate to the pandemic to preserve the trust that needs to exist between people and This is not a time to neglect human rights; their government, especially during a crisis. it is a time when, more than ever, human rights are needed to navigate this crisis in a Human rights guide States on how to exercise way that will allow us, as soon as possible, to their power so that it is used for the benefit of the focus again on achieving equitable sustain- people and not to do harm. In the current crisis, able development and sustaining peace. human rights can help States to recalibrate their response measures to maximize their effective- In his recent Call to Action for Human ness in combating the disease and minimise the Rights to put human rights at the heart of negative consequences. The centrality of pro- UN actions, including in times of crisis, tection, which underpins the response in human- the Secretary-General underlined that: itarian settings, ensures that we collectively preserve our common humanity and dignity. our shared human condition and values Human rights law recognizes that national must be a source of unity, not division. emergencies may require limits to be placed We must give people hope and a vision on the exercise of certain human rights. The of what the future can hold. The human scale and severity of COVID-19 reaches a level where restrictions are justified on public health rights system helps us to meet the grounds. Nothing in this paper seeks to tie the challenges, opportunities and needs hands of States in shaping an effective response of the 21st century; to reconstruct to the pandemic. Rather it aims to signal to relations between people and leaders; States possible pitfalls in the response to the and to achieve the global stability, crisis and to suggest ways in which attention to human rights can shape better responses. solidarity, pluralism and inclusion on which we all depend. It points to the The aim is threefold: to strengthen the effec- ways in which we can transform hope tiveness of the response to the immediate into concrete action with real impact on global health threat; mitigate the broader people’s lives. It must never be a pretext impact of the crisis on people’s lives; and avoid creating new or exacerbating exist- for power or politics; it is above both . ing problems. All three elements will posi- tion us to build back better for everyone. This paper aims to translate this Call into concrete action to assist with the response to the pandemic. Against a backdrop of rising ethno-national- It presents six key messages that must be central to ism, populism, authoritarianism and pushback an effective response to the COVID-19 pandemic. against human rights in some countries, the 1 The Highest Aspiration: A Call to Action for Human Rights COVID-19 AND HUMAN RIGHTS: WE ARE ALL IN THIS TOGETHER 3 access for everyone, without discrimination, SPOTLIGHT: HUMAN RIGHTS AT THE to basic measures that contain the spread FRONTLINE IN THE FIGHT AGAINST COVID-19 of the virus. This includes testing, specialist care for the most vulnerable, intensive care Three rights are at the frontline in the for those in need and vaccination, when avail- current pandemic: able, regardless of ability to pay. In response to the pandemic, some countries have extended Right to life and duty to protect life health cover to everyone in their country; oth- We are combating COVID-19 to protect the ers have reached agreements with private lives of all human beings. Invoking the right sector health-care providers to make their to life reminds us that all States have a duty facilities available to the pandemic response. to protect human life, including by address- ing the general conditions in society that The central challenge to freedom give rise to direct threats to life. States of movement are making extraordinary efforts to do this, Controlling the virus, and protecting the right and it must remain the primary focus. to life, means breaking the chain of infection: people must stop moving and interacting with The right to health and access each other. The most common public health to health care measure taken by States against COVID-19 has The right to health is inherent to the right to been restricting freedom of movement: the lock- life. COVID-19 is testing to the limit States’ abil- down or stay-at-home instruction. This measure ity to protect the right to health. Every human is a practical and necessary method to stop being is entitled to the enjoyment of the high- virus transmission, prevent health-care services est attainable standard of health conducive becoming overwhelmed, and thus save lives. to living a life in dignity. Everyone, regardless of their social or economic status, should However, the impact of lockdowns on jobs, liveli- have access to the health care they need. hoods, access to services, including health care, food, water, education and social services, safety Historic underinvestment in health systems has at home, adequate standards of living and family weakened the ability to respond to this pandemic life can be severe. As the world is discovering, as well as provide other essential health ser- freedom of movement is a crucial right that vices. COVID-19 is showing that universal health facilitates the enjoyment of many other rights. coverage (UHC) must become an imperative. Those States with strong and resilient health- While international law permits certain restric- care systems are better equipped to respond to tions on freedom of movement, including for crises. Health-care systems all around the world reasons of security and national emergency are being stretched, with some at risk of col- like health emergencies, restrictions on free lapse.