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Introduction:
The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing pandemic of
coronavirus disease 2019 (COVID-19) is an infectious disease caused by a new coronavirus first
identified in December 2019. Coronaviruses are a family of viruses known to cause respiratory
infections. There is no vaccine yet to prevent COVID-19, and no specific treatment for it, other
than managing the symptoms.
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.
The virus is primarily spread between people during close contact, most often via small droplets
produced by coughing, sneezing, and talking. Less commonly, people may become infected by
touching a contaminated surface and then touching their face. It is most contagious during the
first three days after the onset of symptoms, although spread may be possible before
symptoms appear, or from people who do not show symptoms.
Common symptoms include fever, cough, fatigue, shortness of breath, and loss of smell.
Complications may include pneumonia and acute respiratory distress syndrome. The time from
exposure to onset of symptoms is typically around five days, but may range from two to
fourteen days. There is no known vaccine or specific antiviral treatment. Primary treatment is
symptomatic and supportive therapy.
Health in prison
COVID-19 poses a specific risk to persons deprived of their liberty and to those who are in daily
contact with them. Several Council of Europe texts are relevant to mitigate these risks,
including the European Prison Rules and Committee of Ministers’ Recommendations concerning
prison and criminological aspects of the control of transmissible diseases including AIDS and
related health problems in prison, and concerning the ethical and organisational aspects of
health care in prison. Two handbooks aiming to improve prison healthcare and medical ethics,
and the organisation and management of healthcare in prisons, may serve as guidance for
member states in the current context.
Data protection
The current fight against the COVID-19 pandemic may require measures that restrict our
human rights and fundamental freedoms, including the right to data protection. In this respect,
it is important to recall that data protection can in no manner be an obstacle to saving lives and
that the applicable principles always allow for a balancing of the interests at stake.
Artificial intelligence
Digital technologies, including Artificial Intelligence (AI), have been used to support the fight
against the Covid-19 pandemic affecting the entire world since the beginning of 2020. AI has
been particularly implicated in the search for a treatment and a vaccine, as well as in the
accelerated development of testing methods.
Right to prisoners
Bangladesh has the most crowded prisons anywhere in South Asia. On average, there are more
than twice as many prisoners as detention facilities. There is only one doctor for every 10,000
prisoners. About 70 per cent of the country's prison population is still awaiting trial pre-trial
detention is meant to be used as a restrictive measure of last resort and the Govt. ordered to
release them in such cases. They should also consider early or conditional release for those
most vulnerable to the infection, including older detainees, or those who have already served a
portion of their prison sentence and those who qualify for early parole, if they no longer pose a
threat to public safety. Prisoners who remain in detention must also have access to the same
standards of health care that are available in the community, including when it comes to
testing, prevention and treatment of COVID-19.
Right to Children
In the meantime the Government ensured the children’s rights in case of children food. It
already supplies to the children’s whose parents are not able to buy it in this pandemic
situation.
Access to information
Public authorities in charge of managing the crisis resulting from COVID-19 pandemic have a
crucial role to play in responding to requests for access to information and providing, of their
own motion, regular and evidence-based information covering various aspects of the crisis.
Right to Education
In this pandemic the country also provides the rights of education through various ways in
school, college and university level so that the student cannot deprive from their learning in this
time of lockdown.
A great concern in connection with the spread of the Corona virus/COVID-19 in many parts of
the world, particularly in Malaysia arose from the large-scale gathering of people in connection
with religious events . This state of affairs present a significant challenge to the state and
federal health authorities as it seeks to contain the virus from further spread.
The occasion for this unfortunate circumstance arose from a religious gathering during the
Tabling Jammat event held at Masjid Jamek Sri Petaling in Malaysia from February 27 to March
3. According to health authorities, the gathering attracted some 16,000 participants. More than
711 index cases of people infected with Covid-19 were subsequently identified, who have then
infected families, neighbours and friends.
Faith and fear of God often compels people to act in ways that could easily be misunderstood.
While believers of all faith traditions and beliefs choose to place their hopes and trust in the
divine for protection and deliverance, it should be borne in mind religion is never dualistic in
the sense of “me and my God”. True faith and piety can never be unless we love and consider
the other in our midst. This is where the right to freedom of religion and belief becomes
important, for religious freedom is as much a right for one’s own expression of faith as it is for
the consideration of others’ welfare and rights.
International norms have never denied the right to freedom of religion and belief is deeply
rooted in faith, universal in nature and appears capricious. But like all other rights, it is not
absolute. In exceptional circumstances, it may be limited or restricted. Religious freedom
scholar, Paul Marshall helps us to understand what religious freedom really is,
Religious freedom normatively as a freedom that, like all freedoms, is inherently subject to
many restrictions such as others’ rights to life or health. Here religious freedom is defined as a
freedom that is, like all others, necessarily restricted by other freedoms, and also by the duties
that we all must follow.
This is similar to the position taken in Article 18 of the International Covenant on Civil and
Political Rights. An alternative is to define religious freedom in very broad terms without
including any possible restrictions in the definition. But we could then add that religious
freedom may legitimately be restricted in certain circumstances but that we need to call a
spade a spade and call these restrictions what they are: actual (if justifiable) limits on religious
liberty.
As Marshall Notes, if religious freedom is to be limited or restricted, it must never be employed
arbitrarily, for example, to target a particular religion or religious community. It must be
preceded with overwhelming evidence available to all, that public health would be severely
endangered and harm to the public is likely. And before undertaking any limitation or
restrictions, consultation must be held with all stakeholders to ensure that the act of limitation
or restrictions is desirable and proportionate to the aim of the limitation or restrictions.
A decree to limit or restrict religious freedom must also be clear and transparent as to its scope,
must be time-limited and with clear indication when the decree will end or likely end. The
presumption is in favor of religious freedom for all people anytime anywhere unless clear
evidence to show widespread community transmission would endanger life. The onus or
burden, is for states to justify on grounds of legitimacy the limitation or restrictions on public
gatherings for worship and occasion for religious festivals.
More often than not, there may be an instance when the government’s restriction is justified.
However, when the situation change, authorities may be slow to act to delimit or remove those
restrictions. A clear frame of reference as we have expressed is therefore necessary to avoid
the confusion of the rights of believers with faith itself and to ensure the state does not end up
usurping the role and dictating to religious institutions what it can or cannot do. This is in order
for human rights to be always upheld even in the midst of a pandemic affecting a democratic
polity.
Conclusion:
The Pandemic of Covid 19 is an economic crisis, a social crisis and a human crisis that is fast
becoming a human rights crisis. A human rights lens puts everyone in the picture and ensures
that no one is left behind. Human rights responses can help beat the pandemic, putting a focus
on the imperative of healthcare for everyone. But they also serve as an essential warning
system highlighting who is suffering most, why, and what can be done about it.
Against the background of rising ethno-nationalism, populism, authoritarianism and a pushback
against human rights in some countries, the crisis can provide a pretext to adopt repressive
measures for purposes unrelated to the pandemic. The best response is one that responds
proportionately to immediate threats while protecting human rights and the rule of law.
More than ever, governments must be transparent, responsive and accountable. Civic space
and press freedom are critical. Civil society organizations and the private sector have essential
roles to play.
It is ensured that any emergency measures including states of emergency are legal,
proportionate, necessary and non-discriminatory, have a specific focus and duration, and take
the least intrusive approach possible to protect public health.
The best response is one that responds proportionately to immediate threats while protecting
human rights and the rule of law.
Looking ahead, we need to build back better. The Sustainable Development Goals — which are
underpinned by human rights — provide the framework for more inclusive and sustainable
economies and societies.
Strengthening economic and social rights bolsters resilience for the long haul.
The recovery must also respect the rights of future generations, enhancing climate action
aiming at carbon neutrality by 2050 and protecting biodiversity.