How has the Right to equality free from discrimination been infringed during Covid 19 lockdown?
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Answer:
The number of recorded cases has surpassed 3.5 million. Families and friends across the globe are mourning the loss of more than 240,000 people. With the stated intention of controlling the spread of the virus and protecting lives, States are implementing unprecedented restrictions on movement both within and between countries (“lockdowns”), with significant and wide-ranging impacts on societies and economies.
As these measures have taken effect, it has become clear that, while the virus is indiscriminate, the impacts of state responses are not. In late April, launching a new report, United Nations Secretary General António Guterres stated that the pandemic is a public health emergency “that is fast becoming a human rights crisis”. As that UN report highlights, there is clear and growing evidence that state responses in delivery of healthcare, in the implementation of lockdown measures and in policies designed to mitigate economic impacts are having disproportionate and discriminatory impacts. These effects are being experienced by all groups exposed to discrimination, including, but not limited to, older persons, children, persons with disabilities, women, ethnic and religious minorities and indigenous peoples, LGBTI persons, persons living with HIV and AIDS, and migrants, refugees and stateless persons. They are impacting upon the enjoyment of rights ranging from freedom of movement to access to education and from access to information to an adequate standard of living, together, of course, with the rights to life and to health.
These discriminatory impacts are occurring despite the fact that almost every State in the world has accepted international legal obligations to ensure the equal enjoyment of human rights, without discrimination. At a bare minimum, these obligations require that the State – whether through law, policy or practice – does not discriminate in its actions. They also create a duty to provide effective protection from all forms of discrimination by private actors and to make reasonable accommodation when required. These obligations apply to all: citizen and non-citizen, irrespective of their identity, status or beliefs. They are “immediate and cross-cutting”. They apply in respect of all civil, political, economic, social and cultural rights. Crucially, while international law recognises that in states of emergency, States can limit the enjoyment of certain human rights, their obligations to ensure non- discrimination remain – emergency measures must not discriminate either in their purpose or their effects.
As this unprecedented global crisis unfolds, it is clear that States are failing to meet their non- discrimination obligations. Their responses – largely driven by a stated intention to protect lives – are having a wide range of discriminatory impacts. While many of these effects may be unintended, the lack of intent does not limit States’ obligations. Moreover, with new evidence emerging each week, it is clear that we cannot yet foresee the full range of discriminatory impacts which this crisis will engender.
Though the virus does not discriminate against any particular segment of society, the lockdown ordered by the government has caused the right to equality to almost become non-existent.
The economic impact of the lockdown was tremendously adverse. As regular activities were prohibited, economic work also came to a standstill. As a result, it was a period of monetary losses and zero income for the common man. However, it was the daily wagers who were most affected. The middle class also faced difficulties, but the labourers had to struggle to arrange for their basic meals.
The only way out, for the labourers was to go back to the security of their permanent home states. Given the rigid ban on movement, again they were the main sufferers. Many daily wagers undertook homeward journeys on foot, falling ill and some also passing away due to immense exhaustion. With no transportation available, here too, there was no equality to be seen.
What made things worse was the lack of education and access to information. Though the government did take steps to help them out, only a small percentage could take advantage of those measures ( like special trains) simply because most of them are not literates who can get or find useful information. This too, sadly stems from a lack of equality and educational opportunities.
Even now, as private schools have started online classes, the students of government schools are idling away precious time, without access to education through gadgets. Here again, previous economic disparity is the main reason behind the lack of equality.
Discrimination and lack of equality always existed; the lockdown only brought it to the fore.