People of African Descent and the Sustainable Development Goals

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Protecting Human Rights during and after the COVID-19: Joint Questionnaire by Special Procedure Mandate Holders

 
COMMON QUESTIONS
Impact on human rights
On 19 June 2020, 300, 717 confirmed infections and 42, 238 fatalities from COVID-19 were recorded in the UK (JHU Coronavirus Resource Center, 2020).
•  The UK’s Coronavirus (COVID-19) Guidelines provides guidance to the general populace on social distancing, self-isolation, shielding etc, to curtail adverse impacts of the pandemic. Legal measures are implemented by the state party to respect, protect, and fulfil universal human rights for the general populace,   by reducing opportunities for transmission and infection, (Legislation.gov.uk, 1984) and (Legislation.gov.uk, 2020b). Nonetheless, the government’s Disparity Review 2020 highlights COVID-19 infection and fatality rates are disproportionately higher for people of African descent in the UK than their white counterparts, (Public Health England, 2020).
Reports of racial discrimination by law enforcement associated with alleged breaches of lockdown guidelines also highlight systemic racism in meeting statutory obligations to respect, protect and fulfil human rights. For example, people of African descent in the UK have disproportionately lower educational attainment levels, higher rates of unemployment and incarceration by law enforcement, and poorer housing opportunities which all impact negatively as social determinants of (ill) health.
• Provisions of the Public Health (Control of Disease) Act 1984, and Health Protection (Coronavirus) Regulations 2020, required general lockdown of the public, private and voluntary sectors which begun to be lifted in June 2020. Police constabularies have legal powers to arrest and fine individuals breaching restrictions for conducting business, employment, or education in potentially infected premises, public conveyance, international travel, and disposal of dead bodies, (Legislation.gov.uk, 1984) and (Legislation.gov.uk, 2020b).

  1. Relevant legislation enacted by the state party in response to the pandemic, include (Legislation.gov.uk, 1984), (Legislation.gov.uk, 2020a) and (Legislation.gov.uk, 2020b).
  2. The UK government enacted these legal measures in response to the COVID-19 pandemic to ensure,
  1. the general populace complies with lockdown guidelines for self-isolation, shielding, social/physical distancing, etc. to reduce transmission, infection, and fatality rates. For example, Arts 29-32 of the Public Health (Control of Disease) Act 1984 asserts restrictions on the use of infected premises for education, employment or other purposes (Legislation.gov.uk, 1984);
  2. the Act protects the general populace from infection, through restrictions on public conveyance stated in Articles 33 & 34, and health protection regulations for international travel stipulated in Article 45b, (Legislation.gov.uk, 1984).

 
 
c)           Some measures are proportional, e.g. reduced COVID-19 transmission, infection, and fatality rates result from social distancing, but others contribute to further social conflict.
d)           Lockdown measures adversely impact low-income groups, e.g. people of African descent in informal or temporary employment, and immigrants. These groups generally have little or no recourse to government funds otherwise available.
•            Fiscal austerity following the 2008 recession is likely to be exacerbated by the economic downturn associated with the pandemic, and adversely impact human rights of vulnerable groups. Moreover, private sector organisations have been badly affected, resulting in the loss of over half a million jobs in the UK since the beginning of the pandemic, which adversely impacts access to second generation rights. Nonetheless there has been movement towards policy solutions, including the national government’s proposed Race Inequality Commission, and the City of Bristol’s advocacy of the 2030 Agenda for Sustainable Development for inclusive post COVID-19 recovery planning.
•            Long-term impacts of the pandemic and response measures are expected to exacerbate socioeconomic marginalisation of vulnerable groups, especially where intersectionality occurs. Thought leaders have therefore already begun to adopt a proactive stance towards post COVID-19 recovery planning.
•            National economic recovery and financial assistance mechanisms are unlikely to reduce the socioeconomic impact of lockdown measures adopted, where they were not previously subjected to human rights impact assessments. There has been movement in that direction, e.g. risk assessments of vulnerable staff, (NHS England and NHS Improvement coronavirus, 2020).
 

Comments

26 Jun 2020 11:45

In June 2020, the UK government published its review "COVID-19: understanding the impact on BAME communities."  

See https://www.gov.uk/government/publications/covid-19-understanding-the-im...

26 Jun 2020 11:45

In June 2020, the UK government published its review "COVID-19: understanding the impact on BAME communities."  

See https://www.gov.uk/government/publications/covid-19-understanding-the-im...

11 Sep 2020 14:07

Report of the UN Special Rapporteur on Poverty and Human rights published 11 September 2020.

The press release is available:

The full report is attached here and available at: https://bit.ly/2Fix7xx

The executive summary (also attached) is available at:

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