A/HRC/45/12
healthy working conditions and a healthy environment, among many others. 5 This duty is
essential to the fulfilment of the rights to life, health, and other human rights implicated by
exposure to hazardous substances. 6 Strengthening laws and institutions to support
constitutional recognition not only contributes to preventing occurrences of future
pandemics, but also promotes a healthy future for generations to come. The COVID-19
pandemic has increasingly illustrated the importance of safeguarding a healthy environment
and workplace as a human right.
7.
The duty to prevent exposure is incumbent on every State, and every individual has
the right to be protected from exposure to hazardous substances, including the COVID-19
virus. Below, the Special Rapporteur examines the extent to which States have taken this
obligation to heart.
8.
Certain States have exercised their duty with remarkable clarity, commitment and
leadership, demonstrating good practices in their responses to, and management and
prevention of, exposure to the COVID-19 virus. The measures implemented have not come
without costs in terms of employment, education and mental health. However, through
strong leadership and decisive action these countries have saved countless lives while
reducing overall economic damage.
9.
In all of the best responses, actions were taken quickly and decisively on the basis of
recommendations issued by the scientific and international community that cast aside
political and other objectives and focused on preventing exposure, foreseeing the tragedy of
inaction. Governments of several States exercised their duty to prevent with commendable
confidence and determination, illustrating what is possible in response to public health
threats due to hazardous substances, including but not limited to the COVID-19 virus.
10.
At the other end of the spectrum are a handful of States whose leaders completely
shunned their human rights obligations to prevent exposure to the COVID-19 virus at the
earliest stages. The pandemic illustrates the failure of many governments, individually and
collectively, in acknowledging and upholding their duty to prevent exposure, reflected both
in the entry of the COVID-19 virus into society and then its rapid spread within and beyond
national borders. The reaction of most of those States was not unlike their rejection of the
evidence surrounding other public health threats, such as environmental pollution,
occupational health hazards and the relentless production of, use of and eventual exposure
to toxic chemicals, under a false narrative of necessary evils that cannot be reduced and
eliminated.
11.
A pandemic of this magnitude was preventable. The failure stems from heads of
governments placing economic or political interests before national health concerns. This
was reflected in their absence of precautions, their sluggish responses and rejection of
preventative measures, the lack of transparency, compounded by misinformation, the
callous and inexcusably irresponsible statements of certain political leaders,
underinvestment in health-care systems and other social protections, and poor international
cooperation.
12.
Obviously, efforts to prevent further exposure have been made, and not without
consequences. The implementation of necessary measures, such as lockdowns and
quarantines, social distancing and mass surveillance, has been paid for dearly, including in
terms of aggravation of physical and mental health problems due to a lack of social
interaction and physical activity, and an alarming global increase in domestic violence
against women and children.7 Millions are losing jobs and livelihoods8 without access to
5
6
7
8
4
Ibid.
Ibid.
See www.unwomen.org/en/digital-library/publications/2020/04/issue-brief-covid-19-and-endingviolence-against-women-and-girls; www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=25778&LangID=E.
See www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_743036/lang--en/index.htm and
https://unstats.un.org/unsd/ccsa/documents/covid19-report-ccsa.pdf, p. 20.
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