8 - Human Rights & Pandemic

Question 1

What are some of the instruments codifying aspects of the right to health? (7)

Answer 1

1/ UDHR

2/ CESCR

3/ CERD

4/ CEDAW

5/ CRC

6/ ESC

7/ ACHPR

Question 2

Characteristics of the scope of the right to health? (2)

Answer 2

1/ intersectional

2/ multidimensional

Question 3

What does it mean that the right to health is intersectional and multidimensional? (3)

Answer 3

1/ realization dependent on a range of socio-economic factors

2/ no right to be healthy, but right to control one’s health and body + right not to have one’s health interfered with

3/ right to health often requires access to services and healthy environments

Question 4

Elements of the right to health? (5)

Answer 4

1/ availability

2/ accessibility

3/ acceptability

4/ quality

5/ obligation to respect, protect and fulfil

Question 5

Which declaration addressed the issue of health inequality? (2)

Answer 5

1/ Alma-Ata Declaration (1978)

2/ States agreed to take steps to end health inequality globally (both within and between States)

Question 6

What is a primary feature of the COVID-19 pandemic?

Answer 6

Health inequality

Question 7

Characteristics of the duty of States to provide aid? (3)

Answer 7

see General Comment 14

1/ States should facilitate access to essential health facilities, goods and services in other countries

2/ States should provide necessary aid when required

3/ States should cooperate in providing disaster relief and humanitarian assistance in times of emergency

4/ States must respect enjoyment of right to health in other countries and prevent third parties from violating such a right

Question 8

What are some issues and questions related to rights abuses in context of pandemic? (5)

Answer 8

1/ observance and realization right to health

2/ major HR questions with respect to State responses to pandemic

3/ pandemic used as excuse/justification for limitation other HR

4/ consequences of attempt to balance right to health//right to public safety

5/ various levels of social inequalities

Question 9

Can the right to health be subject to limitations? (4)

Answer 9

see Article 4 CESCR

1/ limitations determined by law

2/ compatible with nature of ESC rights

3/ sole purpose must be promoting general welfare democratic society

4/ dignity cannot be sacrificed

Question 10

What are important conditions for realization of the right to health? (3)

Answer 10

1/ CESCR Statement Re the Pandemic (2020)

2/ accurate public information

3/ global cooperation

Question 11

How may States restrict rights during COVID to ensure right to health? (2)

Answer 11

1/ CESCR Statement Re the Pandemic (2020)

2/ Measures must be reasonable and proportionate to ensure protection of all HR

Question 12

What extraterritorial obligations arose under right to health in regards to the pandemic? (5)

Answer 12

1/ CESCR Statement Re the Pandemic (2020)

2/ developed States must avoid obstructing acess to vital equipment for developing States

3/ unilateral border measures must not hinder flow of necessary or essential goods

4/ border restrictions aimed at securing national supply must be proportionate and consider needs of other countries

5/ States should promote flexibility for IP regimes