A/HRC/45/12
Reasonable accommodation measures are essential to enable persons with disabilities to
reduce contacts and the risk of contamination.56
D.
Lack of transparency and violations of the rights to information and
freedom of expression
65.
Transparency is a principle of good governance and one of the most important
factors in managing infectious diseases. It is a necessary precondition to prevent exposure
to hazardous substances, including coronaviruses, and to the full enjoyment of human
rights. The human right to be protected from exposure to the COVID-19 virus, together
with other human rights, has been frustrated by a lack of transparency and large information
gaps as the COVID-19 virus has spread around the world.
66.
The human right to access to information is integral to and inseparable from
transparency. In his 2015 report to the Human Rights Council, the Special Rapporteur
stated that information was crucial to preventing human rights violations resulting from
exposure to hazardous substances and wastes. Indeed, the right to information on hazardous
substances and wastes would require that relevant information be timely, appropriate,
available and accessible in a manner consistent with the principle of non-discrimination;57 it
must also serve to respect and protect the rights of the most vulnerable. Public health and
safety information must never be confidential. This can be ensured without violating the
patient’s right to privacy.
67.
The Special Rapporteur noted that to protect human rights affected by hazardous
substances, States were duty-bound to generate, collect, assess and update information; to
effectively communicate such information, particularly to those disproportionately at risk of
adverse impacts; to ensure confidentiality claims were legitimate; and to engage in
international cooperation to guarantee that foreign Governments had the information
necessary to protect the rights of people in their territory. He also stated that in discharging
their duty to conduct human rights due diligence, businesses had a responsibility to identify
and assess the actual and potential adverse impacts of hazardous substances and wastes in
which they might be involved, either through their own activities or as a result of their
business relationships, and to communicate information to other businesses, governments
and the public effectively.58
68.
Scientific progress and the protection of human rights depend on information. The
Special Rapporteur in the field of cultural rights has highlighted that everyone has the right
to enjoy the benefits of scientific progress and its applications. 59 The normative content of
the right includes, inter alia, access by everyone without discrimination to the benefits of
science and its applications, including scientific knowledge; participation of individuals and
communities in decision-making and the related right to information; and an enabling
environment fostering the conservation, development and diffusion of science and
technology.60
69.
States that applied good practice approaches drew on lessons from the outbreaks of
SARS, in 2003, influenza A (H1N1), in 2009, and MERS, in 2015, to develop an early
policy of free testing, targeted investigations and maximum transparency. Other countries,
despite registering high numbers of cases, were very transparent about efforts to reduce
transmission of the virus and provided platforms to facilitate testing, tracing and
dissemination of information on COVID-19, in order to increase public awareness and
address misinformation. Such States generated, assessed and acted on information to
protect the most vulnerable, and managed to register relatively lower death rates, showing
56
57
58
59
60
See www.ohchr.org/Documents/Issues/Disability/COVID-19_and_The_Rights_of_Persons_with_
Disabilities.pdf; www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25725;
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25765&LangID=E.
See A/HRC/30/40.
A/HRC/30/40, paras. 99–100.
See A/HRC/20/26.
Ibid., para. 25.
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