The Principles and Guidelines on Human Rights and Public Health Emergencies

Harvard University - Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics; Harvard University - Harvard Law School; Partners in Health; Chr. Michelsen Institute (CMI) - Center on Law and Social Transformation; Harvard TH Chan School of Public Health

Sam Zarifi

Physicians for Human Rights

Date Written: May 21, 2023

Abstract

The COVID-19 pandemic posed a grave threat to health systems worldwide and brought to light the precarious state of human rights in times of public health emergency. The rapid spread of the novel coronavirus exposed deep-seated inequalities within and between societies and magnified the suffering of those already marginalized, including women, girls and disadvantaged communities. Despite urgent and persistent calls to foreground human rights in COVID-19 responses from international organisations, human rights advocates and civil society organizations, human rights were too often neglected or violated in public health prevention, preparedness and response in nearly every country in the world.

In the face of the unprecedented challenges posed by COVID-19, a diverse group of expert jurists, scholars, and practitioners of public health and human rights united to clarify the principles and obligations of human rights in the context of public health emergencies. Recognizing the critical need for guidance on the matter, these experts engaged in three years of intensive collaboration and deliberation, culminating in the development of the Principles and Guidelines on Human Rights and Public Health Emergencies (the ‘Principles’). This wide-ranging and authoritative text represents an international consensus-based expert opinion on the most pressing human rights issues related to public health emergencies. It reflects the wisdom of a broad range of perspectives and experiences, and it provides a critical framework for governments, civil society, and other stakeholders to prioritize human rights considerations in the prevention of, preparedness for, and response to public health emergencies, and in the recovery of health systems in the aftermath of public health emergencies.

Note:
Funding Information: This research was funded by the Open Society Foundations, the Social Sciences and Humanities Research Council of Canada (SSHRC), the United Kingdom Research Institute’s (UKRI) Economic and Social Research Council, and the Brocher Foundation.

Conflict of Interests: The authors have no competing interests to declare.

Keywords: global health law, public health law, human rights, public international law, public health emergency

Suggested Citation: Suggested Citation

Habibi, Roojin and Bottini Filho, Luciano and Bueno de Mesquita, Judith and Burci, Gian Luca and Cabal, Luisa and de Campos, Thana Cristina and Chirwa, Danwood and Dagron, Stéphanie and Davis, Sara (Meg) and De Falco, Rossella and Fish Hodgson, Tim and Eccleston-Turner, Mark and Forman, Lisa and Gross, Aeyal and Gostin, Lawrence O. and Hoffman, Steven and Khosla, Rajat and Lee, Tsung-ling and Lee, Tsung-ling and Meier, Benjamin Mason and Negri, Stefania and Phelan, Alexandra and Quintero Martinez, Rocío and Ram, Ravi M. and Seiderman, Ian and Sekalala, Sharifah and Sepulveda Carmona, Magdalena and Toebes, Brigit and Toebes, Brigit and Sirleaf, Matiangai V. S. and Taylor, Allyn and Villarreal, Pedro A and Were, Nerima and Yamin, Alicia Ely and Zia-Zarifi, Saman, The Principles and Guidelines on Human Rights and Public Health Emergencies (May 21, 2023). University of Groningen Faculty of Law Research Paper No.14/2023, Available at SSRN: https://ssrn.com/abstract=4454622