20.A. Round table: COVID-19, infectious diseases, and human rights and risks in public health

Abstract

The 21st century has been marked by trans-national epidemics of SARs, MERS, Ebola and most recently COVID-19. In spite of WHO advice to the contrary, some States have responded by closing their borders to persons travelling from certain countries. International human rights law permits restrictions of movement to protect public health, subject to strict tests of necessity and proportionality. To a potentially unprecedented degree, however, the spread of COVID-19 has brought to the fore the use of social distancing measures, and a surge in demand for health care, both of which raise significant questions of equity given disparities in wealth and income within and across populations. This panel discussion will explore how a human rights-based approach supports evidence-based responses to epidemics of infectious diseases, and why a human rights-based response may be more effective than other measures in addressing these global threats. Issues covered will include: Advantages and possible limitations of a human rights-based approach to infectious epidemics.Emerging questions of human rights, distributive justice, regulatory authority and efficacy associated with sustained social distancing measures and the management of health care access in a time of surging demand.Early evidence of the health and social impact of legal responses to COVID-19.Key messages States have both obligations and limitations under international human rights law in preventing and responding to infectious epidemics.The large-scale application of social distancing approaches can create acute pressure on poorer people and poses legal, moral and practical questions about the social burdens of disease control.