ABSTRACT

In responding to COVID-19, governments faced the unique task of balancing protections for individual human rights against restrictions necessary for the collective good. International human rights law establishes clear guidelines for states that need to limit or derogate from certain rights in order to address crises, but states have only selectively participated in these regimes during COVID-19 response. After reviewing these clauses, this chapter discusses the rates at which states complied with reporting requirements when limiting rights. It then evaluates the promises and pitfalls of courts and monitoring bodies as the primary international checks on crisis governments. In the conclusion, it is proposed to prepare for future pandemics by expanding the role of international bodies like the World Health Organisation in defining public health crises, changing procedures limitations clauses and norms around derogation and providing the most accurate information to the public.