STATE RESPONSIBILITY FOR HUMAN RIGHTS PROTECTION DURING THE COVID-19 PANDEMIC

Abstract

International experience suggests that public emergencies, including natural disasters, armed conflicts, pandemics and etc. pose a heightened threat of mass and systematic human rights violations. The random outbreak of the COVİD-19 pandemic once again justified the necessity of the responsibility of states to ensure the right to health of citizens and those, under their legal jurisdiction for residing temporarily or permanently as well as the right to protect. In this paper, we address the issue of state obligations during a state of emergency, including infectious disease outbreak. We contend that there is a pressing need to clarify the rights and responsibilities of States, especially in terms of fulfillment of international obligations as well as preventing discrimination against migrants, noncitizens and homeless persons during the emergencies. International law bound States to take fiduciary responsibility in terms of trustful citizen and state relationships; in this paper, we address the international law norms and human rights-based approaches to those principles and situations of how states caused to law violations during emergency. Preventive measures for COVID-19 that is unfortunately associated with some breaches of human rights, demonstrated that almost all states were in helpless situation in treatment and preventing this communicable disease. In this article, we will study different human rights under the umbrella of the state responsibility during the pandemic. ©2020.All rights reserved