A/HRC/45/12
IV. Conclusions and recommendations
88.
Prevention of exposure to hazardous substances is a human rights obligation
incumbent on States. While some States have addressed the grave threats of exposure
to the COVID-19 virus with remarkable determination, resolve and transparency,
politics, economic miscalculations and misguided motivations enabled and
emboldened many Governments to reject, individually and collectively, their duty to
prevent exposure. Similarly, while many businesses prioritized the public interest
benefits of preventing exposure, many showed a deplorable lack of consideration for
the workers and the communities in which they operate. However, in the case of
COVID-19 and other hazards, it is fundamentally the duty of the State to prevent
exposure.
89.
For those States that have so clearly failed in their duty to prevent exposure to
the virus, the failure is a multifaceted violation of their human rights obligations,
including those relating to the rights to life, dignity and health. The failure often was
also characterized by recurrent violations of the right to freedom of expression,
including access to information. Principles of equality, non-discrimination,
international cooperation and transparency, among others, were all but lost among
those States.
90.
Most States did not take early warnings to heart, as deforestation, biodiversity
collapse, climate change, illegal wildlife trade and other environmental conditions
raised the risk of the emergence of a contagion such as the COVID-19 virus. Upon the
emergence of COVID-19, various States failed to act with the prudent urgency that
was so clearly required. Millions of cases of infection, resulting in hundreds of
thousands of preventable deaths, are a direct result. Predictably, older persons, the
poor, minorities, migrants, indigenous peoples and other vulnerable groups have all
suffered from the inaction of States in the face of a clear and present danger.
91.
Ironically, unemployment and economic collapse, which States cited as the
threats preventing them from exercising prudent and precautionary measures to
prevent exposure, especially among the most vulnerable communities, are now
exacerbated by the inaction of those States. Misguided fiscal policies that made
prudent action to protect human rights excessively difficult have made taking such
action even more costly. The negative impact on mental and physical health and on
education, and increased domestic abuse, are among the effects that have been
prolonged by an unwillingness to take bold action to protect life and health at the
earliest stages, and then to maintain restrictions until the risks were adequately
lowered. All of these problems are due to States failing to prevent exposure to the
virus at the earliest point when preventive measures could have been taken.
92.
Given the interconnectedness between COVID-19 and non-communicable
diseases, there is an urgent need to enhance global efforts to prevent noncommunicable diseases resulting from unhealthy environments, workplaces and
consumer products. Strengthened efforts with regards to non-communicable diseases
are necessary not only now, during the COVID-19 outbreak, but most importantly
long after, focusing in particular on the most vulnerable. For example, interventions
to reduce exposure to air pollution have immense potential in protecting health and
contributing to reducing the burden of non-communicable diseases that exacerbate
the risks related to exposure to viruses and other hazards. Strengthening
environmental and health protections and promoting the human rights to a healthy
and sustainable environment and to safe and healthy work would not only address
non-communicable diseases and COVID-19 vulnerabilities, but also contribute to
much broader societal benefits for public health, the environment and economies.
93.
Transparency, responsiveness and ensuring that the most vulnerable members
of society were protected from exposure proved to be key elements of good practices.
Doctors, scientists and public health experts are human rights defenders whose right
to freedom of expression must be respected. States have the duty to share and take
into account evidence-based information from the scientific community in the
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