The Government’s response to COVID-19: human rights implications (21 September 2020)

Summary

This report seeks to inform the six-month review of the Coronavirus legislation required by the Coronavirus Act 2020 along with any future response to a “second wave” of the virus later this year. The report begins by setting out the legislative framework in play, then focuses on the following themes and rights:

• Human rights impact of the lockdown (Articles 8, 9, 10 and 11 ECHR)
• The right to life, including both the substantive and procedural duties on government (Articles 2 and 3 ECHR) and the right to health which has been (partially) incorporated within the positive obligation to secure the right to life.
• Issues in relation to detention settings (Articles 5, 8, 3 and 2 ECHR)
• Contact tracing and privacy rights (Articles 8 and 14 ECHR)
• Access to justice (Articles 6 and 2 ECHR)
• Children’s rights —the right to education (Article 2 of Protocol 1 ECHR) and the right to family life (Article 8 ECHR)

The report also reflects on the challenge of ensuring the emergency legislation required in response to the outbreak was subject to appropriate parliamentary scrutiny and review.

Follow the link below to read the full report including conclusions and recommendations.