View of COVID 19: RESPECTING HUMAN RIGHTS AND RULE OF LAW

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ACCENT JOURNAL OF ECONOMICS ECOLOGY & ENGINEERING Peer Reviewed and Refereed Journal, ISSN NO. 2456-1037

Available Online: www.ajeee.co.in/index.php/AJEEE

Vol. 06, Special Issue 05, (IC-LLCP-2021)July 2021 IMPACT FACTOR: 7.98 (INTERNATIONAL JOURNAL)

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COVID 19: RESPECTING HUMAN RIGHTS AND RULE OF LAW

Mrs. Nimmi R. Menon

Assistant Professor, Smt. K. G. Mittal College of Arts & Commerce

Abstract - An indispensible concept of international human rights law is that all human rights are universal, indivisible and interdependent. It is crucial to address these human rights obligations, notwithstanding the fact that these are remarkably affected by the various responses to the global pandemic. Covid 19 has surfaced as a major global health threat and has in fact, demonstrated the grim truth that all countries are equally exposed and unguarded to the spread of transmissible diseases. It has proved to be a war against the invisible enemy, and in itself has posed a threat to the enjoyment of human rights, most noticeably the right to life and the right to health. An inseparable association exists between right to health and other human rights. To diminish the spread of Covid 19, governments all through the world have initiated unavoidable necessary crucial measures that restrain individual, social and economic freedoms and rights.

Adoption of measures to contain this global health crisis is warranted under human rights law, though some measures may have a detrimental effect on the enjoyment of a number of human rights. It is evident from international treaties like International Covenant on Civil and Political Rights (ICCPR) that States may legitimately interfere with certain human rights through either limitations or derogations. Restrictions on certain freedoms might be temporarily demanded to deal with the pandemic outbreak. The reasons which prompted to choose these curtailments are of utmost importance. However, such curtailment should be carefully limited enough to manage the pandemic without any irreparable consequences, and constantly surveilled by respective authorities, let it by judicial authorities or legislative bodies, so that it is not taken undue advantage of. The undisputable truth that still remains is that this pandemic may culminate the world which was familiar to us, but the new world should be one where all human rights have its proper relevance. The present paper is an attempt to bring out the violations of human rights and the defiance of rule of law, meted out to the vulnerable sections of the society, though inevitable in the period of pandemic.

Keywords: Covid 19, Human rights, Rule of law.

1 INTRODUCTION

Since the adoption of the Universal Declaration of Human Rights, states have acknowledged that international cooperation is necessary to realise human rights. States recognised in the WHO Constitution in 1946 that „the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being‟. Subsequently, the right to health has been elaborated repeatedly in international and regional human rights treaties.

The International Covenant on Economic, Social and Cultural Rights upholds the right of everyone to the highest attainable standard of physical and mental health. It requires that states invest the maximum available resources in taking deliberate steps towards that goal.

It also upholds related economic and social rights, such as the right to food, right to clean drinking water, and more. It has been authoritatively interpreted to create duties to ensure access to available, accessible, acceptable and good quality healthcare and to provide for underlying determinants of public health, including water, sanitation, food, housing, education and gender equality.

1.1 Objectives

 To study the impact of the pandemic on the various aspects of human rights

 To analyse the effects of restrictions on human rights to protect public health

 To find out whether the violations of the rule of law is in consistence with international human rights principles

1.2 Methodology

The present paper is descriptive in nature, which is based on the analysis of secondary data from various sources like research journals, websites, research papers, newspapers, articles, e-journals etc.

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2 FACTS & FINDINGS

Many governments all over the world have adopted war-like emergency measures to control the spread of the pandemic. Though unavoidable and inevitable, these measures, in turn, have curtailed the individual rights to a great extent. For instance, the right to personal freedom is affected by the enforcement of compulsory quarantine on foreign passengers and by the imposition of isolation of people suspicious/ known to be positive for the virus. Ban on public meetings have an impact on the right to freedoms of assembly and association.

The monitoring measures targeted to trace contacts through the use of mobile data and other artificial intelligence tools pose a challenge to theright to privacy. Closures of places of worship curtail the freedom of practise of religion. Imposition of lockdown, leading to closing down of commercial establishments, businesses and workplaces has significant negative impact on the right to earn livelihood, specifically for those employed in the informal and unorganised sectors. When work from home has become the new mandate, it has impacted those who cannot do so, because of their social and economic backward circumstances. Right to education is restrained through the closing down of schools and universities, and online schooling is not feasible for a vast majority for obvious reasons.

Vulnerable groups such as children, elderly persons, migrants, refugees and women are more prone to adverse effects of pandemic. Lockdown has negatively impacted millions of migrant workers. Lack of food and access to basic living facilities, coupled with the loss of employment, and the fear of unknown future with little social support system were the major challenges to be faced by these chunk of population. Many deaths were reported due to starvation, suicide, exhaustion and accidents while migrating to their rural areas and timely denial of proper medical care.

Many children who were not having access to digital education were relocated to factories and farms to work, thus aggravating the problem of child labour. Loss of income of families also prompted children to take up menial jobs to support the family expenses.

Nationwide lockdown increased the risks of domestic violence and domestic abuse of women, a grave violation of human rights of women leading to a public health concern.

Elderly population were at the risk of physiological and psychological inabilities and social exclusion. Health issues, loss of freedom, isolation, loneliness and restrictions to health care access added to their woes, and they were at an alarming rate of comorbidities and mortality. Social distancing and self-isolation was next to impossible for a large number of people employed in the unorganised sectors adversely threatening their incomes. Access to diagnostic tests and personal protective equipments to curb the transmission of the disease was also very limited to these vulnerable groups. Overcrowding in detention centres and prisons with little healthcare access led to the widespread increase of risk of the pandemic through community infections. The pandemic had everlasting consequences in the economic aspects and labour market leading to an adverse effect on the lives and livelihoods of a majority section of people. It also has to be noted that most of the States have resorted to digital technology in tracing contacts of the pandemic, which again have intensified inequalities. The section of the population without access to smartphones and digital tools are left out of the purview. The data collected through these technologies have invariably neglected this section of population, thus adversely affecting the policy making processes.

Freedom of movement is one of the fundamental human rights which have been obviously affected as a response to curb the pandemic. Restrictions on movement within its border and even for international travel were in place with various nations forbidding entry to foreign nationals.

The public‟s right to information was also underscored during the pandemic times.

Right to information encompasses the correct information and communication of complete data regarding the number of cases and deaths due to the pandemic. It also includes the right to constantly monitor the necessity and proportionality of the containment measures adopted by the States and its impact on the human rights.

The war-like measures adopted by various states have severely limited the enjoyment of personal freedoms, where billions of people throughout the world were put under some sort of lockdown, which was a matter of concern pertaining to human rights. These measures throws open the opportunities for its misuse and abuse, and the unwarranted

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use of executive powers. Pandemic coupled with these measures have put many of the human rights to test.

Source: https://www.cgdev.org/blog/economic-impact-covid-19-low-and-middle-income- countries

3 RECOMMENDATIONS

States should ensure that the public health measures are such that the most vulnerable groups in the society are protected, by adopting transparency in policy making and through public participation. The norms and principles of human rights should be the light house for the government responses to the pandemic. Diverse aspects of right to life like access to safe water and adequate sanitation, adequate food, nutrition, housing etc. should be properly taken care of, while adopting and implementing policies. Right to a safe and healthy working environment, another facet of right to health also should be addressed. The tie-up between the protection of right to life and protection of right to health is crystal clear.Right to life and health is of utmost prime importance, and is fundamental for the fulfilment of other human rights, including civil and political rights. The unfurling of a pandemic which engulfs the existing health care system intimidates not only the lives of those who get infected by the disease, but also the right to life and access to healthcare of other people also who continue to need treatment for other medical conditions.

In fact, it is undisputable that the pandemic underlines the necessity of upholding the right to life and health; it also manifests the agitation between these and other rights. This situation arises because the resources to address and manage the pandemic are scanty, which leads to competing individual and collective interests. Public health measures like enforcing social distancingalso confronts with a number of individual rights. It is inevitable that pandemic needs restrictions of individual rights to protect public health. At the same time, it should be ensured that these restrictions must be proportionate, necessary and non-arbitrary. It must be followed by proper scientific evidence, in accordance to deal with the threat to the public health, time limited and non-discriminatory. This global threat can only be dealt with global solidarity and shared responsibility between states. Collaborations are required to be in place to ensure access to medicine, food, essential services and medical support.

States clearly have an obligation, under human rights law, to address and manage pandemic. However, some of the containment measures resorted to by different states necessarily interfere with a number of human rights, including right to movement, the right

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to personal liberty, right to freedom of assembly and association, the right to work and the right to education and so on.

4 CONCLUSION

Covid pandemic is an unprecedented global threat, which has already killed tens of thousands of individuals around the world, widely affecting the right to life. Clearly, States have an obligation to protect individuals from threats to life caused by other carrying a deadly infectious disease along with an obligation to respect and ensure the right to life.

Along with the respect for personal liberties, states also have obligation to ensure available, accessible, acceptable and good quality health measures to prevent and treat the pandemic.

The safety and protection of vulnerable and marginalised section of population should be prioritised.

States have to maintain transparency in communicating the scientific advice to the public before making decisions. Public participation has to be ensured, building trust among people.It is accepted that most human rights are not absolute and restrictions can be imposed, but within certain limits. Treaties in the fields of human rights specifically prescribe the tools which can be resorted to by the State to manage the pandemic, i.e., limitations and derogations. Limitations authorises the balancing of individual and collective interests, to pursue any legitimate mission, which is proportionate to the legitimate aim. Derogations involve the temporary suspension of certain human rights, and can be strictly resorted to only on certain emergencies, that too non-discriminatory.

It is clear that human rights entangles with public health issues and outcomes in times of pandemic. States should ensure that laws are necessary, proportionate and non- discriminatory towards vulnerable section of the society. The indivisible nature of human rights calls for the need for a formal coordination. The curtailment of human rights should not be allowed to become the new normal. States should formulate a long term strategy for the management of the pandemic which does not rely on the continued restriction on fundamental freedoms. They should also be cautious of its long-lasting and sweeping effects.

The norms and movements of humanrights adopted and mobilised in the past can be a guiding force for the human community to navigate its way out of this humanitarian crisis. Basic criterion of accountability, transparency and non-discrimination can be used to rebuild and heal the broken world.

Human rights should be at the core of the global response, and any meaningful human rights approach to the pandemic must be holistic aimed towards strengthening public health. It should recognise the areas of challenges to economic, social, and cultural rights, and civil and political rights.

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