Two human rights violations which result from the eviction of people during lockdown
Answers
Explanation:
On March 11, 2020, the World Health Organization (WHO) declared that an outbreak of the viral disease COVID-19 – first identified in December 2019 in Wuhan, China – had reached the level of a global pandemic. Citing concerns with “the alarming levels of spread and severity,” the WHO called for governments to take urgent and aggressive action to stop the spread of the virus.
International human rights law guarantees everyone the right to the highest attainable standard of health and obligates governments to take steps to prevent threats to public health and to provide medical care to those who need it. Human rights law also recognizes that in the context of serious public health threats and public emergencies threatening the life of the nation, restrictions on some rights can be justified when they have a legal basis, are strictly necessary, based on scientific evidence and neither arbitrary nor discriminatory in application, of limited duration, respectful of human dignity, subject to review, and proportionate to achieve the objective.
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Explanation:
This virus is no respecter of persons.”[i] Coronavirus is a pandemic of global proportions which some have termed the third world war.[ii] Due to the pandemic, quarantine measures have been put in place across the globe. While typically restriction of movement of free people would fall under a human rights violation, there is an exception for threats to a nation that pandemics fall under. Nonetheless this exception does not cover the human rights violations in the enforcement of quarantine measures which have been brought to light around the globe. This abusive policing is not new, but the media coverage in most cases is. In response, the U.N. in a resolution about the Coronavirus pandemic should include recommendations that address these abuses.
As of April 13, 2020 Coronavirus has been around for less than 6 months and has been contracted through person-to-person contact by people in over 200 countries.[iii] By contrast, HIV/AIDS was found in 1983, can only be contracted through specific activities where body fluids are present, and incidents—after 37 years—have only been found in 142 countries (however, 32 million have died).[iv] The most recent Ebola crisis lasted from 2014–2016, was transmitted through direct contact with infected fluids, and spanned across just three African nations.[v] When a pandemic, such as AIDS and Ebola have been deemed “a threat to international peace and security” the United Nations Security Council has been known to step in by adopting resolutions.[vi] Today, the U.N. Security Council is mulling over some draft resolutions in response to Coronavirus, but without U.N. guidance countries have imposed quarantine and social distancing measures on their own. It is the enforcement of such quarantine measures that has concerning human rights implications.
As of today, April 15, 2020, over one third of the world’s 7.8 billion people are on lockdown.[vii] In fact, more people are under lockdown today than were even alive during WWII.[viii] India has imposed a 21-day lockdown for its 1.3 billion citizens.[ix] Germany has banned meetings of more than two people.[x] This global lockdown has included 91% of all enrolled learners in the world.[xi]
These quarantine measures on their face, restricting the movement of free people, are a violation of the U.N. Universal Declaration of Human Rights.[xii] The Declaration was adopted in 1948 in “recognition of the inherent dignity and of the equal inalienable rights of all members of the human family.”[xiii] Some of the listed enumerated rights that are violated by quarantine orders are, the right to: liberty,[xiv] freedom of movement,[xv] freedom of religion in community with others,[xvi] freedom of peaceful assembly and association,[xvii] work and protection against unemployment,[xviii] education,[xix] and freely participate in community.[xx] However, while quarantines may violate these rights the U.N. has said that in response to serious public health threats to the “life of a nation,” human rights law allows for restrictions on some rights. Those restrictions, however, must be justified on a legal basis as strictly necessary. This “strictly necessary” standard must: be based on scientific evidence that is not arbitrary nor discriminatory, be set for a determinant amount of time, maintain respect for human dignity, be subject to review, and be proportionate to the objective sought to achieve.[xxi] Putting quarantine measures in place from the worldwide medical communities’ recommendations to stop the spread of a global pandemic seems to be exactly this type of situation, but the implementation is not without its own set of problems.