This is an excerpt of an essay first published in the Washington and Lee Law Review Online here.
As a counter-measure to the COVID-19 pandemic, should wearing masks in public be required or merely recommended?
To limit the spread of the novel coronavirus, the Nigerian government took restrictive containment measures, with the effect of curtailing fundamental rights. These included lockdowns of various states and a cessation of social and economic activity, except those activities relating to essential services. While these measures followed existing public health advisories, they have raised significant legal, constitutional, human rights, and legitimacy issues.
Tensions between welfarisms that enable and those that suffocate are evident in Ireland’s move to restrict the spread of the COVID-19 pandemic, and in the reaction to it.
Two pieces of emergency legislation passed through Oireachtas Eireann (the Irish Parliament) by March 26th. The Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 and the Emergency Measures in the Public Interest Act 2020 address a range of social, civil and economic issues. Read More
By Eduardo Dargent and Camila Gianella
Peru was among the first Latin American countries to implement legal measures that restrict civil rights in order to stem the spread of COVID-19.
On March 15, with 28 confirmed cases and no deaths, the government issued the Supreme Decree N° 044-2020-PCM declaring a state of emergency for 15 days. Measures in the decree included closing the borders, ordering a general lockdown, forbidding domestic travel, and closing schools, universities, churches, and all non-essential businesses, among others.
By Mark Heywood
South Africa’s first case of COVID-19 was confirmed on March 5th, 2020. Ten days later, on March 15th, 2020, the government utilized the Disaster Management Act (2002) to declare a State of National Disaster. Under this Act, the government set up a National Command Council (NCC) made up of Cabinet Ministers and restricted certain rights necessary to prevent SARS-Cov-2 transmission and “flatten the curve.”
A national lockdown started on March 27th. It was relaxed slightly (to level 4) on May 1st, and was further relaxed (to level 3) on June 1st. The lockdown severely restricted freedom of movement, closed all but essential companies and schools, banned the sale of alcohol and tobacco, and introduced a night-time curfew between 8pm and 5am. By May 22nd, the Minister of Police reported that 230,000 people had been arrested for violating lock-down regulations.
The most affected constitutionally recognized rights are freedom of movement, assembly, and trade. However, on paper at least, care has been taken to ensure that political rights and rights to freedom of expression and association are not limited, and the President has couched the country’s response in terms of the Constitution, particularly the rights to life, dignity and access to health care services. He has also frequently referred to the right to equality and promised that in the post COVID-19 period South Africa will do much more to tackle the inequalities that have been exposed by the coronavirus.
By Beatrice Brown, Jane Cooper, and Danielle Pacia
Due to the Bill of Health production schedule, this piece is being published two weeks after it was written, on May 20th, 2020. The authors would like to affirm the importance of protests against anti-Black racism in America.
Stay-at-home orders—the primary means of managing the COVID-19 pandemic in the U.S.—face increasing opposition as protestors against these public health measures clamor for a “return to normal.” In Wisconsin, pushback against stay-at-home orders culminated in the state Supreme Court’s decision on May 13 to reverse the state’s “Safer at Home” policy.
Republican leaders of the state legislature filed suit against state Department of Health Services Secretary-designee Andrea Palm and other health officials, resulting in the case Wisconsin Legislature v. Palm. In a 4-3 ruling, the Wisconsin Supreme Court held that the “Safer at Home” order was “unlawful” and “unenforceable.” Read More
By Alicia Ely Yamin
Life in democratic societies is enhanced when the law protects what information and aspects of intimate personal life an individual shares with others.
But the pandemic has accelerated the use of a variety of surveillance technologies, which are now being introduced and/or rapidly expanded to trace the virus, and in turn individuals’ movements and lives. One South Korean legal expert interviewed for this symposium said, “It looks like we’re living at the end of privacy.”
New data from the Center for Public Health Law Research captures the wide variety of mitigation policies from all 50 states and DC intended to prevent further spread and lessen the potential impact of the current COVID-19 pandemic.
This data currently includes orders and laws from 20 states from January 20, 2020 through April 30, 2020. Laws and orders from the remaining 30 states and DC will be added in the coming weeks.
Our latest digital symposium, Global Responses to COVID-19: Rights, Democracy, and the Law, presents a snapshot of the spectrum of rights-related measures adopted in response to the pandemic in dozens of countries to date.
Given the international focus of the symposium, we opted not to solicit a submission representing the situation in the United States. However, the Bill of Health blog has published numerous relevant posts on different dimensions of legal and policy responses to the COVID-19 pandemic in the United States.
The selections below, which we will continually update, offer an array of perspectives on how the U.S. response to the pandemic has affected rights, democracy, and the rule of law.
Mexico is a country of contrasts; both in the richness of our culture as in the advances and shortcomings that have arisen in our path towards the effective protection of human rights. In the face of the health crisis due to COVID-19, violations to rights and liberties are a latent risk.
The Mexican Health System is too fragile to face COVID-19 due to the corruption and lack of investment of former administrations, and due to poorly-implemented reforms made by the current administration. Read More