Shahid Beheshti University Legal Research Quarterly 1024-0772 25 Law & covid-19 vol.2 2022 05 22 Human Rights Dimensions and Challenges of Covid 19 Human Rights Dimensions and Challenges of Covid 19 53 91 102513 10.29252/jlr.2022.226840.2178 FA Bagher Ansari دانشگاه بهشتی Journal Article 2022 02 20 Dealing with the outbreak of Covid-19 requires measures and decisions that, while protecting individual and public health, may involve restrictions on human rights. Many governments have declared a state of emergency to combat the disease or, without formally declaring such a situation, have factually imposed such a situation and restricted individual rights and freedoms. In the meantime, the international human rights system, which protects individual’s rights, even in the emergencies, requires governments to adhere to principles and rules that can strike a reasonable balance between protecting public health and meeting their human rights obligations. Accordingly, the question in this article is that what human rights issues and challenges do the governments face in the process of dealing with Covid-19 and what the solutions are to address them. Referring to international human rights standards and by reference to the actions of governments, it can be said that the main challenge is that most governments have pursued a policy of "this or that" and mainly prioritize the protection of public health over human rights; Whereas, from a human rights perspective, they should have pursued a policy of "both this and that."The international human rights system, in its right-based language, prescribes a specific framework for combating Covid-19. In this context, the policy of "countering the Covid 19 at all costs" gives way to the policy of "countering the Covid-19 with respect to fundamental values." Human rights norms prevent the formation of discriminatory, instrumental, expedient and hierarchical views in the process of combating the disease. It obliges governments to mobilize all their national resources to combat this virus, to make resort to international resources, and to enforce any restrictions on human rights in accordance with the principles of legality, necessity and proportionality. Accordingly, although all human rights are affected by the policies and responses associated with Covid-19, it seems, some rights, such as freedom of expression and non-discrimination, play a key role in the normality and effectiveness of these policies and responses and hence, should not be restricted unless strictly necessary (human rights governing measures against Covid-19) and some human rights, such as privacy and freedom of movement, must inevitably be restricted (human rights affected by Covid- 19). To this end, in this article, first the various dimensions of the right to health in the international human rights system and the principles of limitation of human rights for ensuring public health are explained and then, the corresponding challenges related to the impact of human rights in responses to Covid-19 are analyzed respectively. Dealing with the outbreak of Covid-19 requires measures and decisions that, while protecting individual and public health, may involve restrictions on human rights. Many governments have declared a state of emergency to combat the disease or, without formally declaring such a situation, have factually imposed such a situation and restricted individual rights and freedoms. In the meantime, the international human rights system, which protects individual’s rights, even in the emergencies, requires governments to adhere to principles and rules that can strike a reasonable balance between protecting public health and meeting their human rights obligations. Accordingly, the question in this article is that what human rights issues and challenges do the governments face in the process of dealing with Covid-19 and what the solutions are to address them. Referring to international human rights standards and by reference to the actions of governments, it can be said that the main challenge is that most governments have pursued a policy of "this or that" and mainly prioritize the protection of public health over human rights; Whereas, from a human rights perspective, they should have pursued a policy of "both this and that."The international human rights system, in its right-based language, prescribes a specific framework for combating Covid-19. In this context, the policy of "countering the Covid 19 at all costs" gives way to the policy of "countering the Covid-19 with respect to fundamental values." Human rights norms prevent the formation of discriminatory, instrumental, expedient and hierarchical views in the process of combating the disease. It obliges governments to mobilize all their national resources to combat this virus, to make resort to international resources, and to enforce any restrictions on human rights in accordance with the principles of legality, necessity and proportionality. Accordingly, although all human rights are affected by the policies and responses associated with Covid-19, it seems, some rights, such as freedom of expression and non-discrimination, play a key role in the normality and effectiveness of these policies and responses and hence, should not be restricted unless strictly necessary (human rights governing measures against Covid-19) and some human rights, such as privacy and freedom of movement, must inevitably be restricted (human rights affected by Covid- 19). To this end, in this article, first the various dimensions of the right to health in the international human rights system and the principles of limitation of human rights for ensuring public health are explained and then, the corresponding challenges related to the impact of human rights in responses to Covid-19 are analyzed respectively.

https://lawresearchmagazine.sbu.ac.ir/article_102513_ea0635db952a975bcee59403d218aaa2.pdf