Human Rights Dimensions of COVID-19 Response

"[C]areful attention to human rights such as non-discrimination and human rights principles such as transparency and respect for human dignity can foster an effective response amidst the turmoil and disruption that inevitably results in times of crisis and limit the harms that can come from the imposition of overly broad measures..."

This document from Human Rights Watch (HRW) provides an overview of human rights concerns posed by the coronavirus outbreak, drawing on examples of government responses to date, and recommends ways governments and other actors can respect human rights in their response.

On March 16 2020, a group of United Nations (UN) human rights experts said that "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... and should not be used simply to quash dissent." Among the applicable international standards are the Siracusa Principles, adopted by the United Uations (UN) Economic and Social Council in 1984, which state that restrictions should, at a minimum, be:

• provided for and carried out in accordance with the law;
• directed toward a legitimate objective of general interest;
• strictly necessary in a democratic society to achieve the objective;
• the least intrusive and restrictive available to reach the objective;
• based on scientific evidence and neither arbitrary nor discriminatory in application; and
• of limited duration, respectful of human dignity, and subject to review.

Human rights concerns outlined by HRW include:

• Protect freedom of expression and ensure access to critical information - As reported here, in the context of COVID-19, countries including China, Iran, and Thailand have taken actions against journalists and healthcare workers, which ultimately limited effective communication about the onset of the disease and undermined trust in government actions. In contrast, countries such as Taiwan promptly made credible information widely available through daily press briefings by health officials and public service announcements (PSA), which aimed to counter misinformation, calm panic, restore public confidence, and encourage people's assistance in the crisis. Some communication-related recommendations:
  • Make all information about COVID-19 accessible and available in multiple languages, including for those with low or no literacy. Examples include: qualified sign language interpretation for televised announcements; websites that are accessible to people with vision, hearing, learning, and other disabilities; and telephone-based services that have text capabilities for people who are deaf or hard of hearing. Communications should use plain language, and age-appropriate information should be provided to children to help them take steps to protect themselves.
  • Ensure that rights-based legal safeguards govern the appropriate use and handling of personal health data; in particular, the publication of information online can pose a significant risk to affected persons, especially those who are already in positions of vulnerability or marginalisation in society.
  • Maintain reliable and unfettered access to the internet, including for people with low incomes. For example, the United States (US) Federal Communications Commission's "Keep Americans Connected" pledge commits participating companies not to terminate service to customers who are unable to pay their bills due to the disruptions caused by the coronavirus pandemic, to waive any late fees, and to open Wi-Fi hotspots to anyone in need.
• Ensure that quarantines, lockdowns, and travel bans comply with rights norms - International human rights law, notably the International Covenant on Civil and Political Rights (ICCPR), requires that restrictions on rights for reasons of public health or national emergency be lawful, necessary, and proportionate. This means that restrictions such as mandatory quarantine or isolation of symptomatic people must be strictly necessary to achieve a legitimate objective, based on scientific evidence, proportionate to achieve that objective, neither arbitrary nor discriminatory in application, of limited duration, respectful of human dignity, and subject to review. According to HRW, the Chinese government imposed an overly broad quarantine with little respect for rights; examples from countries imposing varying degrees of limitation (e.g., on freedom of movement) are discussed. HRW warns that disruption of community-based services (in the event of quarantines or lockdowns) can result in the institutionalisation of persons with disabilities and older people, which can lead to negative health outcomes, including death. A letter from more than 800 public health and legal experts in the US stated, "Voluntary self-isolation measures [combined with education, widespread screening, and universal access to treatment] are more likely to induce cooperation and protect public trust than coercive measures and are more likely to prevent attempts to avoid contact with the healthcare system."
• Protect people in custody and in institutions - As an infectious disease, COVID-19 poses a higher risk to populations that live in close proximity to each other, including elderly people in institutions. One country experience summarised in the document is Italy, where prisoners in over 40 prisons have protested over fears of contagion in overcrowded facilities and against bans on family visits and supervised release during the coronavirus pandemic. In response, authorities have authorised the use of email and Skype for contact between prisoners and their families and for educational purposes; they also announced a plan to release and place under house arrest prisoners with less than 18 months on their sentence. Civil society organisations (CSOs) have called for alternatives to detention for people in immigration detention centres in Italy due to the increased risk of infection and no prospect for deportation. Some communication-related recommendations:
  • Publicly disclose plans of action to reduce the risk of coronavirus infection in prisons, jails, and immigration detention centres and the steps authorities will take to contain the infection and protect prisoners, prison staff, and visitors.
  • Consider alternative strategies such as video conferencing for individuals in detention centres to be able to connect with family or legal counsel.
• Ensure protection of health workers - Governments should take measures so that health care is available to all, accessible without discrimination, affordable, respectful of medical ethics, culturally appropriate, and of good quality. This means governments have an obligation to minimise the risk of occupational accidents and diseases, including by ensuring workers have not only adequate protective clothing and equipment but also information. HRW is concerned about places like Egypt, where the Health Ministry sent doctors and medical teams to a quarantine facility in February 2020 without informing them that their transfer was part of the COVID-19 response or of the risks entailed. Medical staff said they were "tricked" into the assignment.
• Fulfill the right to education, even if schools are temporarily closed - Online learning is a strategy for mitigating the immediate impact of lost normal school time. However, not all countries, communities, families, or social groups have adequate internet access, and many children live in places with frequent government-led internet shutdowns. The United Nations Educational, Scientific and Cultural Organization (UNESCO) has recommended that states "adopt a variety of hi-tech, low-tech and no tech solutions to assure the continuity of learning". Some communication-related recommendations:
  • Focus on adopting strategies that support all students through closures - for example, monitoring students most at risk and ensuring students receive printed or online materials on time, with particular attention provided to students with disabilities who may require adapted, accessible material.
  • Once schools re-open, to ensure all children return, focus attention on areas with high incidence of child labour or child marriage, and ensure that schools with refugee students adopt outreach measures, including by working with refugee parent groups and community leaders.
• Address disproportionate impacts on women and girls - News reports and public health analysis suggest that COVID-19 is disproportionately affecting women in a number of ways. For example, moves toward telecommuting for school and work as a means of social distancing can disproportionately harm women and girls. Women are up to 31% less likely to have internet access than men in some countries, and, worldwide, about 327 million fewer women than men have a smartphone. Even when women have access to the internet, gender disparities may make them less able to use it for reasons including cost, socialisation, and family pressures. Some communication-related recommendations:
  • Ensure public awareness campaigns address how victims of domestic violence can access services, and ensure that services are available to all victims of domestic violence, including those living in areas under movement restrictions or under quarantine and those infected with COVID-19.
  • Support frontline health and social service care workers, with the recognition that these workers are mostly women, such as by considering their needs as caregivers within their own families and the impact of stigma on them and their families.
• Root out discrimination and stigma, and protect patient confidentiality - Since the coronavirus outbreak, news reports from a number of countries have documented bias, racism, xenophobia, and discrimination against people of Asian descent. Senior US government officials, including President Donald Trump, have stoked anti-Chinese sentiment by referring to the coronavirus as the "Chinese Virus". Some communication-related recommendations:
  • Use mass media and school networks to expand public awareness of human rights and to communicate that the virus knows no boundaries and recognises no distinctions of race, ethnicity, religion, or nationality.
  • Ensure that patient confidentiality is protected, even as authorities take steps to identify those who may have been exposed to the virus.
• Ensure marginalised populations can access health care without discrimination - Per HRW, governments should ensure that all healthcare services related to COVID-19 are provided without stigma and discrimination, including on the grounds of sexual orientation and gender identity, and should make clear through public messaging campaigns that everyone has the right to access health care.
• Protect community and CSOs - In many countries, CSOs are working to stem the spread of the virus and ensure that those with COVID-19 - or those living in isolation or under quarantine - have access to needed protection, care, and social services. Per HRW, governments should protect and support CSOs doing this work, as well as those reporting on the impacts of the outbreak.
• Promote the rights to water and sanitation - Lack of potable water and sanitation at home, school, or in healthcare settings makes preventative measures, such as handwashing, difficult.
• Ensure humanitarian aid continues - Per HRW, governments should ensure that support for vital humanitarian operations carried out by the UN and other aid agencies does not suffer as a result of COVID-19.
• Target economic relief to assist low-wage workers - Per HRW, governments should take policy measures to buffer the economic impacts of COVID-19.

You can follow HRW's reporting on the impacts of COVID-19 here.