A/HRC/45/12
unacceptable pressure on their employees to work. Workers were placed at grave and
foreseeable risk of exposure, where they were obligated to work in unsafe working
environments, lacking personal protective equipment and measures for social distancing.
For example, COVID-19 outbreaks have gravely affected workers in the food industry.
Evidence also shows that in some countries, the rate of COVID-19 cases among mining
workers is at least twice that found among workers in various other industries.
55.
An alarming number of front-line workers were not given adequate protection
during peak periods of contagion in various countries and economic sectors, with
businesses failing dismally to take proper screening and isolation measures to protect their
workers. In particular, workers who belonged to a minority group, were older, were
migrants, were women, had low incomes, had pre-existing health conditions and/or worked
in the informal sector or the gig economy were not adequately protected.47 Too often, they
have been arbitrarily categorized as “essential” for mere economic reasons rather than to
guarantee basic services. While businesses may be willing to apply the hierarchy of
controls for toxic chemicals, some seem unwilling to recognize that the hierarchy also
applies in situations of infectious disease, such as COVID-19.
56.
The inability to secure personal protective equipment for health-care workers was
emblematic of the depth of the failure to prepare and adequately invest in health care to
protect not only the brave and selfless health-care workers, but through them also the
broader community. In some countries, medical staff are still reporting significant shortages
of basic protective equipment, such as masks, goggles, surgical gowns and gloves, not to
mention respirators and equipment for intensive care. Remarkably, some middle-income
countries were supplying excess masks and gowns to some of the wealthiest countries in
the world. Medical and sanitary staff also reported a lack of training in dealing with such a
pandemic.
57.
Some businesses have been remarkable in prioritizing the health of their workers in
the midst of the crisis, which is commendable. Deplorable, however, are those businesses
that seem concerned only with profit and revenue, disregarding worker safety and health in
their operations and supply chains. In many communities, the spread of COVID-19 was
driven by contagion among workers.
58.
All workers, including those deemed essential, have the right to remove themselves
from situations they believe are hazardous, 48 which is contingent on the availability of
information about the known and unknown risks of the substance or disease to which they
are exposed at work. States’ obligations with regard to protecting workers must be
emphasized, for it is the State’s duty to ensure that all workers have safe and healthy
working conditions, whether they are an emergency doctor or a supply-chain worker.
International Labour Organization estimates suggest that testing and tracing for COVID-19
is strongly associated with lower labour market disruption and can help to reduce workinghour losses by as much as 50 per cent.49
3.
Older persons
59.
Early in the pandemic, it became clear, unsurprisingly, that COVID-19 is
particularly lethal in older persons. 50 The biological vulnerability of older persons,
combined with care and support needs or housing in high-risk facilities, created tragic
situations for families around the world. Heart-wrenching tales proliferate of families
unable to say goodbye to loved ones trapped in isolation, who tragically died alone.
60.
The failure of numerous States to provide the protection necessary for the elderly is
inexplicable. An immunity theory leaving the virus to circulate among society is a certain
47
48
49
50
Ibid. See also www.ohchr.org/Documents/Issues/Migration/CMWSPMJointGuidanceNoteCOVID19Migrants.pdf.
See the Occupational Safety and Health Convention, 1981 (No. 155) of the International Labour
Organization.
See www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/documents/briefingnote/
wcms_745963.pdf.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25748.
13
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