A/HRC/45/12
78.
The COVID-19 crisis also requires equitable access to medicine, including with
regard to any treatment and vaccines, as part of the broader effort to prevent exposure. The
protection of intellectual property rights is not inherently incompatible with human rights
and should never constitute a barrier to access to essential medicines or public health
protection. Particular attention must be paid to States that do not have adequate resources
and infrastructure for the purchase and production of vaccines and other pharmaceutical
products.
E.
Attacks on human rights defenders
79.
Article 19 of the Universal Declaration of Human Rights and article 19 of the
International Covenant on Civil and Political Rights underpin the establishment of norms
protecting sources and whistle-blowers, namely, persons who bring to public knowledge
otherwise undisclosed information. In this regard, in 2015, the Special Rapporteur on
freedom of expression urged States and international organizations to actively promote the
right of access to information, and to adopt or revise laws and practices that provide
protection and confidentiality to sources and whistle-blowers, fostering the necessary
political will and social environments.74
80.
Historically, a number of health-care professionals have been whistle-blowers; many
were silenced by public authorities. 75 Worryingly, since the beginning of the spread of
COVID-19, there have been several allegations of State censorship, for example cases in
which States have limited citizens’ freedom of expression and silenced doctors, scientists
and other activists and health experts who have sounded warnings about the spread and
severity of the pandemic and who have called for more robust State responses.76 In some
cases, authorities did not admit the seriousness of the COVID-19 outbreak and escalating
transmission for several weeks or months, and disregarded WHO guidelines.
81.
Human rights defenders play a critical role in minimizing the impact and
transmission of infectious diseases when they are first identified and in preventing
transmission of contagion in a global pandemic. They observe the disease in clinics and
hospitals, tracing the illness and advising patients, politicians and government agencies
with data and science.77 In accordance with article 19 (3) of the Covenant, restrictions on
freedom of expression must be provided by law and be necessary for respect of the rights or
reputations of others, or for the protection of national security or of public order, or of
public health or morals. Mere assertions of such interests are insufficient, and restrictions
must be necessary to achieve a specified interest, and be proportionate to those objectives.
82.
Health-care professionals calling for action and transparency were in some cases
quickly silenced, or even criminalized for “wrongdoing” and detained by the State for
spreading “false rumours”.78 Some have since died from the COVID-19 virus. Others lost
their jobs during the surging pandemic for alerting media about shortages of masks and
hospital equipment.79 Public health experts and leaders in some States are being silenced
and undermined by their respective Governments when exercising their role to prevent
exposure. For example, key ministers have been removed after advocating for preventative
74
75
76
77
78
79
18
See A/70/361 and www.ohchr.org/EN/Issues/FreedomOpinion/Pages/ProtectionOfSources.aspx.
See www.theguardian.com/education/2020/apr/08/coronavirus-doctors-whistleblowers-historysilenced.
See, for example, www.article19.org/wp-content/uploads/2020/03/Coronavirus-briefing.pdf;
www.accessnow.org/cms/assets/uploads/2020/04/Fighting-misinformation-anddefending-free-expression-during-COVID-19-recommendations-for-states-1.pdf; and
www.nytimes.com/2020/03/23/us/politics/coronavirus-trump-fauci.html.
See www.theguardian.com/education/2020/apr/08/coronavirus-doctors-whistleblowers-historysilenced.
See www.theguardian.com/world/2020/mar/20/chinese-inquiry-exonerates-coronaviruswhistleblower-doctor-li-wenliang.
See www.nytimes.com/2020/04/01/opinion/coronavirus-doctors-protective-equipment.html.
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