UN and CoE: Avoid excessive security measures and place human rights at the center

(Patria) - International and European human rights protection institutions are unanimous in their stance that measures taken by states during a state of emergency caused by the global coronavirus pandemic must be in accordance with national constitutions and international legal standards, taking into account the preservation of the essence of the democratic order and the protection of human rights.

The United Nations High Commissioner for Human Rights, Michelle Bachelet, has called on all member states to place human rights at the center when responding to the current crisis. She stated that it is crucial for quarantine and other measures to combat the spread of coronavirus to be implemented in accordance with human rights standards and in a manner that is necessary and proportionate to the assessed risk.

In line with this is the letter sent last week by the Secretary General of the Council of Europe, Marija Pejčinović Burić, to Hungarian Prime Minister Viktor Orbán, which emphasizes that "an unlimited and uncontrolled state of emergency cannot guarantee that the principles of democracy will be preserved and that restrictive measures will meet the required conditions of proportionality and necessity."

She stressed that states, during a pandemic, are obliged to ensure democratic debate in national parliaments, in the media, and online, as well as access to all official information and documents, which are a fundamental element of any free and democratic order and have particular significance in crisis situations.

UN human rights experts also issued a statement calling on states to avoid excessive security measures in response to the spread of the coronavirus infection.

They stated that states, in response to public health threats, must not abuse the powers they have in emergency situations, nor should the measures taken be used as a basis for repressive action against certain groups of people, neglecting their human rights.

The Ministry for Human Rights and Refugees of Bosnia and Herzegovina calls on entity crisis headquarters to harmonize their approach towards all categories of residents, i.e., to respect the Law on Prohibition of Discrimination in BiH and prevent discrimination on the basis of age or any other ground when adopting measures. This particularly applies to the treatment of minors and persons over 65 years of age.