Table 2.
Legal/ethical policies | Guidance and recommendations |
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Emergency measures (17) | State of emergencies should: •Be temporary in scope, not used to stifle dissent, transparent, and least intrusive to achieve goals •Have safeguards such as sunset or review clauses and allow independent review and legislative scrutiny •Not violate non-derogable rights and use deprivation of liberties as penalty only as last resort and be reasonable, lawful, and appropriate •Not arbitrary, unreasonable, necessary, proportionate to interest at stake, non-discriminatory, without arbitrary enforcement, and justified •Support core economic and social rights of people •Make sure law enforcement is compliant with international standards and human rights violation by them are met with swift investigation and justice |
Human rights of migrants (18, 19) | To respect the human rights of migrants, states should: •Put in place legislative, policy, administrative measures to ensure timely and effective access to health facilities regardless of immigration status •Have provision of essential services separate from immigration enforcement and have social protection measures against unemployment available •Counter stigma related to racism and xenophobia through measures to prevent and address •Make available information on prevention, diagnosis, and treatment of COVID in languages migrants can understand •Take specific actions need to be taken to protect health of migrants in inadequate and unsafe conditions •Include migrant children in policies for access to education and think of innovative ways for access to education •Guarantee tightened border controls is non-discriminatory, confidential, and handled with dignity—and not imply indefinite detention •Release migrants in detention and give services and non-custodial alternatives to protect both migrants and staff •Guarantee labor rights of migrant works, and especially for those working in essential sectors •Include migrants and their families in economic recovery policies •Guarantee right of all migrants and their families to return to the country of which they are nationals |
Women's human rights (20) | States should: •Recognize women are 70% of the frontline HCWs and therefore need adequate PPE and protection from stigma, safe and confidential access to health services, and protection of sexual and reproductive rights •Place special emphasis and attention to make sure girls continue their education particularly in LMICs •Declare protection structures and services for victims of gender-based violence as essential •Update referral pathways to reflect changes in available care facilities, ensure sufficient safe shelters •Adequately resource hotlines and other support and reporting mechanisms •Raise awareness via channels victims may seek help through and exempt that fleeing violence from punishment |
Action on mental health (21) | States should •Consider mental health as essential components of national response and craft communication to be aware of potential impact on mental health •Ensure the widespread availability of emergency mental health and psychosocial support such as scaling up investments to remote services •Declare in-person care for severe mental health disorders as essential •Ensure social connectedness for older adults and other vulnerable populations in confinement through support of community action strengthening cohesion, solidarity, and healthy coping to reduce loneliness •Protect and promote the human rights of people with severe mental health conditions and psychosocial disabilities, for example, by monitoring whether they have equal access to care for COVID-19 •Develop and fund the implementation of national services re-organization strategies that shift care away from institution to community services •Ensure mental health is part of universal health coverage |
Human rights of persons with disabilities (22) | States and stakeholders need to: •Prohibit denial of treatment on basis of disability, ensure priority testing, and promote research on impact of COVID on disabled •Identify and remove barriers to treatment and ensure the continued supply and access to medicines •Closely consult with and actively involve disabled people and representative organizations •Conduct training and awareness-raising of health workers •Refrain from blanket prohibitions of leaving the home and instead create exemptions for persons with disabilities to be outside |
COVID-19 and civic space (23) | States should: •Create avenues for participation and feedback and reach out to most at-risk (e.g., women, older persons, disabled) •Maintain existing channels of civil society participation •Uphold freedom of assembly and ensure the limiting of the exercise of that right is only and strictly tied to protect public health •Respect right to privacy and adequate safeguards and accountability ensured with any surveillance proportional, lawful, and necessary •Respect freedom of expression must be respected and not engage in limitation on access to relevant data, censorship, or criminalizing journalistic activity •Not penalize expression based on vague concepts which are not compatible with requirements of legality and proportionality |
Human rights of older persons (24) | To ensure the well-being of the elderly, states should: •Prioritize testing of vulnerable populations including older adults living in long-term facilities •Ensure continuity of adequate care services such as mental health services, palliative and geriatric care, including through support for caregivers •Strengthen services to prevent and protect older persons, particularly older women, from violence and abuse, such as domestic violence and neglect •Ensure visitor policies in residential care facilities, hospitals and hospices balance protection of others with need for family and connection •Assess needs, particularly those more isolated or with cognitive decline/dementia to provide support, including mental health and psychosocial |
•Do not stigmatize them and avoid stereotyping. Avoid labeling older adults as uniformly frail and vulnerable or words with negative connotations •Adopt socioeconomic relief measures and social safety nets, such as guaranteed access to food, water, essential goods and services and basic health care |
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Human rights of children (25) | To minimize the impact of COVID-19 on children, states should: •Rebalance combination of interventions to minimize impact of standard physical distancing and lockdown on children in low-income countries and communities and expand social protection programs to reach the most vulnerable •Prioritize the continuity of child-centered services, with focus on equity of access—particularly in relation to schooling, nutrition programs, immunization and other maternal and newborn care, and community-based child protection programs. •Provide practical support to parents and caregivers, including how to talk about the pandemic with children, how to manage their own mental health and the mental health of their children, and tools to help support their children's learning |
Human rights of minorities (26, 27) | States should: •Ensure equal access to health care and eliminate any discriminatory practices against racial or ethnic groups •Prioritize access to free or affordable testing, medications and needed procedures •Involve communities and representative associations in designing and implementing health programs •Ensure racial or ethnic minorities are not disproportionately controlled, harassed and profiled by law enforcement authorities •Ensure the right of individuals to an effective remedy against the perpetrators of acts of racial discrimination, including when such acts are committed by law enforcement officers or other State officials •Ensure online learning does not exacerbate existing racial inequalities, and bridge digital divide •Mitigate disproportionate impacts of violation of the right to adequate housing through measures that include providing direct financial assistance, and enacting a moratorium on evictions due to arrears •Ensure food, water, and sanitation facilities are accessible and available in quantity and quality sufficient to satisfy needs of all •Adopt fiscal stimulus and social protection packages aimed to mitigate longer term economic and social consequences of pandemic |
Human rights of persons in detention (28) | States should: •Address prison overcrowding, prioritize release of individuals of those who are children, persons with health conditions, low risk profiles, and persons with imminent release dates •Ensure that rationing of health responses and allocation decisions are guided by human rights standards based on clinical status and do not discriminate based on any other selection criteria, such as age, gender, social or ethnic affiliation, and disability to minimize creating avoidable rise in anxiety and stress levels, especially among children and the elderly |
Key human rights protocols and policy documents relevant to this review are summarized in this table.