Evaluate the extent to which the following basic human rights of individuals were infringed upon during the Covid-19 lockdown.
• Right to human rights dignity
.Right to equality free from discrimination
Answers
general principle of equality and non-discrimination is a fundamental element of international human rights law.
A useful definition of non-discrimination is contained in Article 1(1) ILO 111, which provides that discrimination includes: ‘Any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in the employment or occupation [?].’ Thus, the right to equal treatment requires that all persons be treated equally before the law, without discrimination. The principle of equality and non-discrimination guarantees that those in equal circumstances are dealt with equally in law and practice. However, it is important to stress that not every distinction or difference in treatment will amount to discrimination. In general international law, a violation of the principle of non-discrimination arises if: a) equal cases are treated in a different manner; b) a difference in treatment does not have an objective and reasonable justification; or c) if there is no proportionality between the aim sought and the means employed. These requirements have been expressly set out by international human rights supervisory bodies, including the European Court (see, e.g.,Marckx v. Belgium), the Inter-American Court (see, e.g,. Advisory Opinion No. 4, para. 57) and the Human Rights Committee (see, e.g., General Comment 18, para. 13 andJacobs v. Belgium).
The principle of equality can in certain circumstances require a state to take affirmative action in order to diminish or eliminate conditions that cause or help to perpetuate discrimination. The Human Rights Committee has clearly stated this obligation in General Comment 18, and the Committee on Economic, Social and Cultural Rights frequently refers to the duty to take affirmative action in its Concluding Observations. For further analysis of this principle, see I§3.B.