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  • International human rights law – lessons in the era of COVID-19

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    Embargoed until: 2023-08-22
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    Accepted Manuscript (AM)
    Author(s)
    McGaughey, Fiona
    Kenny, Mary Anne
    Maguire, Amy
    Harris Rimmer, Susan
    Griffith University Author(s)
    Harris Rimmer, Susan G.
    Year published
    2022
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    Abstract
    The COVID-19 pandemic has brought the connections between law and public health into stark relief. The pandemic has demonstrated both the essential nature of global cooperation and international regulation to promote universal rights to life and health, and the potentially harmful impacts of limitations imposed on human rights in time of emergency. It has also tested the international human rights framework, which allows for permissible limitations on human rights where required, but which remains subject to widely varying domestic implementation. In this paper, we explore the relationship between international human rights ...
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    The COVID-19 pandemic has brought the connections between law and public health into stark relief. The pandemic has demonstrated both the essential nature of global cooperation and international regulation to promote universal rights to life and health, and the potentially harmful impacts of limitations imposed on human rights in time of emergency. It has also tested the international human rights framework, which allows for permissible limitations on human rights where required, but which remains subject to widely varying domestic implementation. In this paper, we explore the relationship between international human rights law and the COVID-19 pandemic, including a focus on the rights of vulnerable individuals and communities who have experienced disproportionate impacts from both the pandemic itself and from measures that constrain the exercise of human rights. We propose that the inquiry and monitoring mechanisms of the UN human rights bodies provide important avenues for addressing the human rights implications of COVID-19 and Government responses to the pandemic. We also review Australia’s domestic implementation of international human rights law and its relevance in the era of COVID-19, noting the piecemeal approach to human rights protection under Australian law. We conclude that this time of emergency provides an opportunity for the progressive development of international human rights law, via principles of reciprocity, social protection, human rights preparedness and comprehensive normative protection for a right to public health.
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    Journal Title
    Australian Journal of Human Rights
    DOI
    https://doi.org/10.1080/1323238x.2021.1995123
    Copyright Statement
    This is an Author's Accepted Manuscript of an article published in Australian Journal of Human Rights, 02 Feb 2022, copyright Taylor & Francis, available online at: https://doi.org/10.1080/1323238X.2021.1995123
    Note
    This publication has been entered as an advanced online version in Griffith Research Online.
    Subject
    Criminology
    Sociology
    Law and legal studies
    Publication URI
    http://hdl.handle.net/10072/412232
    Collection
    • Journal articles

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