The Protection And Promotion Of International Human Rights In The Light Of COVID-19 Pandemic – Government, Public Sector
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Introduction
The outbreak of the COVID-19 virus has been considered a global
pandemic by the World Health Organisation (WHO). This virus broke
out in the Chinese city of Wuhan late 2019 and has now gotten to
virtually all nooks and crannies of the world. It is typical of the
coronavirus to attack and weaken the respiratory system of its
carrier. Apart from being highly a contagious virus communicable by
mere being in proximity or contact with an existing carrier or an
infected surface, the virus is quite dangerous for persons with an
existing respiratory condition and the aged populace. The outbreak
of this virus has negatively albeit rapidly impacted the globe just
as measures are being put in place to respond to the aftermath of
the pandemic. These measures are put in place with a view to
cushioning the attendant effects of the outbreak.
In the wake of this global pandemic, there is a growing concern
on its impact on the promotion and protection of human rights
amongst government, supranational bodies, and all stakeholders in
the International Human Rights. The International law has placed an
obligation to promote universal respect and observance for human
rights on member states. This obligation comes with a default
responsibility. The former United Nations (UN) secretary-general
Ban Ki-moon, expressing worries on the erosion of international
human rights and humanitarian law submitted that;
“Some governments are sharply restricting people’s
ability to exercise their rights, attacking fundamental freedoms
and dismantling judicial institutions that limit executive power.
Others are detaining and imprisoning human rights defenders and
clamping down on civil society and non-governmental organizations,
preventing them from performing their vital
work.”1
The International human rights to which all people are entitled
should be protected and promoted even during situations of
emergency and dispute. State parties are obliged to respect these
freedoms, to safeguard them and to uphold them.2 There
are certainly varying aspects of the international human rights law
that are in issue from diplomatic rights to dignity of persons to
liberty and freedom of movement amongst several others.
The crux of the matter is that the global responses to the
pandemic have posed unique and dynamic challenges to the promotion
and protection of human rights and even the wellbeing of citizens
around the world. This essay seeks to examine the challenges of
protecting and promoting international human right in COVID-19 era.
It is envisaged that in the end the right peg would have been
placed in the right hole.
THE INTERNATIONAL HUMAN RIGHTS IN THE LIGHT OF COVID-19
PANDEMIC
As the primary, the body of international law intended to
promote and protect human rights at the international and domestic
levels, as the primary the body of international law intended to
promote and protect human rights at the international and domestic
levels.3 While international treaties and customary law
constitute the cornerstone of international human rights law, other
frameworks such as the universally accepted declarations,
resolutions, standards and principles also aids its application,
understanding, and development.4
According to Jubilut and Cerna,5 ‘The COVID-19
pandemic is a global epidemic, a biological and health tragedy
which has affected the whole world. Its multidimensionality is also
present in the responses to it (health, security, economic, and
political aspects), and a relevant element that should be present
when designing and implementing measures to deal with the new
coronavirus involves human rights.’6 In the COVID-19
pandemic era, the promotion and protection of international human
rights become a challenging issue. These issues and challenges are
multi-dimensional and must be examined from the different
perspectives under the international human rights laws.
Conflict of States’ International Obligation and National
Responsibility
As earlier noted, states have a tripartite nature obligation
under the international human rights law; the obligation to
respect, protect and fulfil. In the bid to respect, it is required
that states discourage and refrain from measure that tends to
scuttle the enjoyment of these human rights or the ability to
satisfy them through self-effort. In the wake of the pandemic, this
obligation has become quite otiose and obsolete given the novel
situation of the pandemic.
On the obligation to protect, it is expected that state put in
place measure prevent the violation of this right by external
factors or third parties. It follows therefore that eliminates or
rule out the possibility of violation and in case of violation, it
put in places measure to restore and remedy the situation while
forestalling further violations or deprivations. Again, the
realities of the COVID-19 pandemic have made this obligation almost
impossible given the fact that in the enforcement of lockdown, the
use of force or abuse of human right is a plausibility.
The third obligation which is to fulfil portends that state
breeds or creates an enabling atmosphere for the optimum enjoyment
of the rights. The ban on public gathering, freedom of movement and
liberty in the bid to curtail this virus becomes a sharp departure
from this obligation.
Technical Suspension, Limitation and Threat to Socioeconomic
Human Rights
Under the international law, human rights of course could be
limited or suspended in the interest of public. Better put, for
greater good and ultimate protection of these rights, they can be
limited or suspended. However, there are certain factors,
requirements, and guidelines in the international law to activate
this measure. The UDHR in its article 49 provides to the effect
that there can be a proportionate limitation of rights in times of
emergency on the grounds of morality, public order, and the general
welfare in a democratic society. In the same vein, the
International Covenant on Civil and Political Rights (ICCPR) also
give a concession to the effect that states are allowed
unilaterally to ‘derogate temporarily from a part of its
obligations, but only subject to several safeguards.’ In more
concrete terms, the measures to be taken must be limited to the
extent strictly required by the circumstances, the situation must
amount to a ‘public emergency which threatens the life of the
nation’ and a state of emergency must be declared.7
The same ICCPR also allows for the restriction of freedom of
movement for the protection of public health.8 Hence,
the law and order as it is on a normal day cannot address the
unique situation like the COVID 19 pandemic. It then cannot be
business as usual when it comes to COVID-19 and the protection and
promotion of the International Human rights in the interest of
public health and policy.
The United Nations Experts9 in their submissions are
justified when they posited thus:
“…emergency declarations based on the Covid-19
outbreak should not be used as a basis to target particular groups,
minorities, or individuals. It should not function as a cover for
repressive action under the guise of protecting health nor should
it be used to silence the work of human rights defenders.”
“Restrictions taken to respond to the virus must be motivated
by legitimate public health goals and should not be used simply to
quash dissent” “We encourage States to remain steadfast
in maintaining a human rights-based approach to regulating this
pandemic, in order to facilitate the emergence of healthy societies
with rule of law and human rights protections.”
The lockdown measure put in place by governments have restricted
people’s economic rights. individuals who live below the
poverty or those who live from hand to mouth have been finding
their daily livelihood extremely difficult due to the pandemic.
Religious rights have been curtailed as citizens are unable to
enjoy these rights since places of worship have been designated as
one of the risky places to spread the virus.
CONCLUSION
The impacts of COVID-19 on the protection and promotion of the
International human rights are quite multidimensional. While there
are different stokes for different folks, it is trite that these
human rights remain sacred. Promoting and protecting the
international human rights in the wake of this pandemic is
imperative. It is recommended that government and all stakeholders
make concerted efforts and speak in stentorian voice in the bid to
win the war without losing sight of their respective obligations to
respect, protect and fulfil. Rights steps should be taken towards
the right direction as regards these obligations.
From the foregoing discourse, it is gleaned the major
socio-political and legal challenge countries of the world are
fraught with today is the ability to respond to this crisis
effectively, whilst ensuring that the response measures and
mechanisms do not undermine the safeguard, protection, promotion,
preservation and enforcement of the international human rights that
they are obligated to so promote, protect and preserve by their
being signatories to various international human rights instruments
and member-states to supranational bodies.
In the event of a public emergency and extraordinary situations,
international human rights norms do give room for the imposition of
limitations under strict conditions. The begging questions are,
doesn’t this novel global pandemic situation present an avenue
for abuse and suppression of human rights and wielding of undue
power on the part of the government? To what extent have the
international human rights been promoted so far so good in the wake
of the pandemic? While there are different strokes for different
folks, concerted efforts are highly required to ensure that these
rights are preserved, protected, enforced and promoted. Just like
of Marija Pejčinović Burić, The Secretary-General of
the Council of Europe have submitted, the virus is destroying many
lives and much else of what is very dear to us. We should not let
it destroy our core values and free societies and human
rights.10
Footnotes
1. As cited in Jayne Caudwell &
Darragh McGee (2018) From promotion to protection: human rights and
events, leisure and sport, Leisure Studies, 37:1, 1-10, DOI:
10.1080/02614367.2017.1420814
2. Diakonia S.E (2020)
“International Human Rights Law“
available online at https://www.diakonia.se/en/IHL/The-Law/International-Law1/International-Human-Rights-Law/
accessed 9th August 2020
3. Ibid Diakonia
4. Ibid
5. L. L Jubilut and C.M Cerna (2020)
“Opinion – Impacts and Restrictions to Human Rights
During COVID-19” available online at https://www.e-ir.info/2020/06/30/opinion-impacts-and-restrictions-to-human-rights-during-covid-19/
6. Jubilut and Cerna
7. European Parliament At A Glance (2020)
“COVID-19’s impact on human rights outside the EU”
available online at https://www.europarl.europa.eu/RegData/etudes/ATAG/2020/649365/EPRS_ATA(2020)649365_EN.pdf
8. See Article 12 of the ICCPR
9. “COVID-19: States should not
abuse emergency measures to suppress human rights – UN
experts” https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25722
10. Council of Europe (2020)
“Coronavirus: guidance to governments on respecting human
rights, democracy and the rule of law” available online at https://www.coe.int/en/web/human-rights-rule-of-law/-/coronavirus-guidance-to-governments-on-respecting-human-rights-democracy-and-the-rule-of-law
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