What Should Expect From the Government During COVID-19?

 Dr. Abbas Poorhashemi[i]

The Covid-19 pandemic is not only a global health crisis, but it is also a humanitarian, socio-economic, political and development crisis that threatens entire humanity. Addressing the essential needs and fundamental rights of individuals is one of the essential duties of the government. In this situation, the government requires taking a comprehensive approach to meet the needs of people without compromising equity, gender equality and human rights. Therefore, the response to this crisis requires governmental efforts to take appropriate measures for reducing harmful effects on the security, health care, food, water and sanitation of the people.  

Right to Health

The government should take necessary actions to guarantee health care to everyone, including not citizens. International human rights law guarantees every single individual the right to health and health care access[ii]. It obliges States to take measures to protect public health and to provide medical care to their citizens.

Due diligence and good governance  

According to the Organization for Economic Cooperation and Development[iii] (OECD) (2012), good governance contributes to strengthening democracy and human rights, promoting economic prosperity and social cohesion, reducing poverty, improving environmental protection and sustainable use of natural resources and build confidence in government and public administration. Therefore, there is a close link between sustainable development and good governance. In this perspective, the current global health crisis has shown the gaps and uncertainly in the national and international approach of the crisis. It underlines the importance of good governance in the globalized world. Therefore, the government must exercise due diligence to govern as a good government.

Balancing between national security and freedom

COVID-19 threats, both public health and national security. For this reason, some restrictions on individual rights may be justified if they have a legal basis and if strictly necessary. This exceptional situation must be based on scientific evidence, limited for the duration of time, respectful of human dignity, subject to examination and finally should be proportional.

Respect fundamental rights

The government must respect fundamental human rights in response to COVID-19. Human rights are facing violations such as arbitrary detention, discrimination, censorship, and xenophobia. The fundamental rights that may be involved in this pandemic are, among others, the right to health, the right to privacy and confidentiality, the right to free movement and freedom, the right to employment, the right to non-discrimination, freedom of assembly and expression, the right to information and the right to health care. The right to information also is essential for the health care of people around the world, and it must be accessible during the COVID-19 crisis. Restrictions on access to health information constitute human rights violations.

The government response to the COVID-19 pandemic may require restricting measures that control people’s life. This action may affect directly the fundamental freedoms and human rights, specifically the right to data protection. In this regard, it is essential to remember that data protection cannot, in any case, constitute an obstacle to saving human lives. However, some countries use these data to restrain individual freedom.

Rule of Law

During the current Covid-19 pandemic, some governments are taking exceptional measures to control their borders to limit the spread of the virus. It is crucial to make a balance between state security and human rights by respecting the rule of law. Even in a real emergency, the rule of law must be dominated.

Protection of Indigenous Peoples’ human rights

Indigenous Peoples have the right to the full enjoyment of human rights, especially in the national or global crises such as health crises. The government should respect and promote all human rights and fundamental freedoms as recognized in international law, such as the Charter of the United Nations[iv] and the Universal Declaration of Human Rights[v].

Refugees and detainees’ life conditions also one of the crucial issues in this situation. The States’ efforts to combat coronavirus may not be sufficient to protect the health of refugees and detainees in a different corner of the globe. There are serious concerns about the health conditions of these people, such as providing medical services. These vulnerable populations may be suffering from illnesses, mental and physical injuries, in addition to the serious medical complications related to COVID-19. In this perspective, access to health care should be equal and according to medical criteria to ensure that the vulnerable populations are not victims of medical discrimination.

Finally, the government should take decisive, immediate and significant action to support individuals, families and businesses facing hardship and difficulties as a result of the COVID-19 outbreak. The government should also adopt a policy to ensure that all levels of government, including executive authority, apply the strategic, legal, regulatory, emergency and public health measures that they are adopting to manage the COVID-19 pandemic on a human rights-based approach.

Emergence and outbreak of the COVID-19 pandemic have created and still creating global health issues, economic, political and social crises around the world. These challenges and conflicts lead the government to take appropriate measures to ensure the implementation of human rights and to protect people against becoming health crisis victims.

Disclaimer:

Opinions expressed in this commentary do not necessarily reflect the views of the Canadian Institute for International Law Expertise (CIFILE). The aim of this commentary is not to provide legal advice. It does not necessarily cover all of the issues and aspects raised in this matter.

Footnotes:

[i] Dr. Abbas Poorhashemi is an International Law Expert. He is the President of the Canadian Institute for International Law Expertise (CIFILE). His teaching and research interests are in the areas of Public International Law, International Criminal Law, International Contract Law and International Environmental Law. He has published many books and articles in each of these areas. He is also the Editor-in-Chief of the CIFILE Journal of International Law (CJIL), Canada.

[ii] Article 25.1 of the Universal Declaration of Human Rights affirms: “Everyone has the right to a standard of living adequate for the health of himself and of his family, including food, clothing, housing and medical care and necessary social services”. https://www.un.org/en/universal-declaration-human-rights/

[iii] Recommendation of the Council on Regulatory Policy and Governance, https://www.oecd.org/governance/regulatory-policy/49990817.pdf

[iv] Charter of the United Nations, https://www.un.org/en/charter-united-nations/

[v] Universal Declaration of Human Rights, https://www.un.org/en/universal-declaration-human-rights/