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.