American Commission on Human Rights
Posted: Tue Feb 18, 2025 5:18 am
In the face of the pandemic, the strength of the two-tiered system of the Inter-American human rights regime becomes most visible. Similar to the ECtHR, the IACtHR has suspended all public hearings and the ordinary session in April, as well as the calculation of all the time limits that are currently pending before the Court from 17 March to 21 April.
On April 14, the Court published a statement regarding the challenges posed by Covid-19, in which it urges member states to respect human rights standards and further international obligations. It emphasized in particular that all restrictions must be “temporarily limited, legal, adjusted to well-defined aims based on scientific criteria, reasonable, absolutely necessary and proportionate and in accordance with other requirements developed in Inter-American human rights law.” While this statement might sound rather general, it reaffirms standards which can provide useful for the examination of cases arising out of the crisis.
Most importantly, the existence of the Inter (IACHR) allows the Inter-American human rights regime to respond to the crisis in real time. On March 28, the IACHR created the Rapid and Integrated Response Coordination Unit for COVID-19 Pandemic Crisis Management (SACROI COVID-19) to strengthen institutional capacities and develop a strategy to monitor and follow up on how the crisis affects the human rights of vulnerable people and groups with special emphasis on their right to health and other economic, social, cultural, and environmental rights. The SACROI crisis response team is coordinated by the Executive Secretary and includes the special rapporteurs, as well as other personnel specifically assigned to it. Among its many objectives is the collection of evidence on the impact of the pandemic, proposing lines of actions for state parties, providing technical assistance, and the identification of urgent cases within the petition, case, and precautionary measures system to ensure timely responses. The multimedia coordination page of SACROI COVID-19 can be found here.
Moreover, on April 10, the IACHR adopted Resolution No. 01/20 on the Pandemic and Human Rights in the Americas. The Resolution stressed the cross-cutting impact of the pandemic on the enjoyment of the right to life, health and economic, social, cultural and environmental rights, which pose an even greater challenge for the states of the Americas, who suffer from sky-rocketing inequality and limited economic capacities. Concerning the state of emergency, the Commission observed restrictions on freedom of expression, the right to access to public information, personal freedom, the inviolability of the home, the right to private property, and the use of surveillance technology to track the spread of the coronavirus, and the storage of data on a massive scale.
The Commission also sets out standards for measures adopted by states that involve band database restrictions of rights or guarantees. Next to the limits already established by Article 27 and the advisory opinions such as the right of judicial guarantees, the Resolution identifies several new, progressive standards for state parties:
States should inform the Secretary General of the OAS on their motives of suspending the guarantees of the Convention
Any restrictions must be based on best scientific evidence and the impact on the most vulnerable must not be disproportionate
States must refrain from restricting the work of journalists and human rights defenders, and refrain from prosecuting or detaining them for their vigilance during the pandemic
States should ensure the widest and most immediate access to internet service for the entire population
State authorities have a duty to inform the population, and in making their pronouncements, they must act with due diligence and have a reasonable scientific basis
States must protect the right to privacy and personal data especially for patients and persons tested during the pandemic. They must always obtain consent when collecting and sharing sensitive data from such individuals
Surveillance tools must be strictly limited, both in purpose and time
The challenges posed by Covid-19 for state parties are many and, naturally, this will also affect the protection of human rights. While the influence of human rights regimes in the immediate crisis situation might be limited, the experience of the Inter-American human rights organs showcases the importance of a proactive and dialogical approach. In contrast to the European system, the limited judicial toolkit can be complemented with continuous monitoring and outreach to state parties and civil society in order to safeguard the widest possible protection of human rights in times of Covid-19.
On April 14, the Court published a statement regarding the challenges posed by Covid-19, in which it urges member states to respect human rights standards and further international obligations. It emphasized in particular that all restrictions must be “temporarily limited, legal, adjusted to well-defined aims based on scientific criteria, reasonable, absolutely necessary and proportionate and in accordance with other requirements developed in Inter-American human rights law.” While this statement might sound rather general, it reaffirms standards which can provide useful for the examination of cases arising out of the crisis.
Most importantly, the existence of the Inter (IACHR) allows the Inter-American human rights regime to respond to the crisis in real time. On March 28, the IACHR created the Rapid and Integrated Response Coordination Unit for COVID-19 Pandemic Crisis Management (SACROI COVID-19) to strengthen institutional capacities and develop a strategy to monitor and follow up on how the crisis affects the human rights of vulnerable people and groups with special emphasis on their right to health and other economic, social, cultural, and environmental rights. The SACROI crisis response team is coordinated by the Executive Secretary and includes the special rapporteurs, as well as other personnel specifically assigned to it. Among its many objectives is the collection of evidence on the impact of the pandemic, proposing lines of actions for state parties, providing technical assistance, and the identification of urgent cases within the petition, case, and precautionary measures system to ensure timely responses. The multimedia coordination page of SACROI COVID-19 can be found here.
Moreover, on April 10, the IACHR adopted Resolution No. 01/20 on the Pandemic and Human Rights in the Americas. The Resolution stressed the cross-cutting impact of the pandemic on the enjoyment of the right to life, health and economic, social, cultural and environmental rights, which pose an even greater challenge for the states of the Americas, who suffer from sky-rocketing inequality and limited economic capacities. Concerning the state of emergency, the Commission observed restrictions on freedom of expression, the right to access to public information, personal freedom, the inviolability of the home, the right to private property, and the use of surveillance technology to track the spread of the coronavirus, and the storage of data on a massive scale.
The Commission also sets out standards for measures adopted by states that involve band database restrictions of rights or guarantees. Next to the limits already established by Article 27 and the advisory opinions such as the right of judicial guarantees, the Resolution identifies several new, progressive standards for state parties:
States should inform the Secretary General of the OAS on their motives of suspending the guarantees of the Convention
Any restrictions must be based on best scientific evidence and the impact on the most vulnerable must not be disproportionate
States must refrain from restricting the work of journalists and human rights defenders, and refrain from prosecuting or detaining them for their vigilance during the pandemic
States should ensure the widest and most immediate access to internet service for the entire population
State authorities have a duty to inform the population, and in making their pronouncements, they must act with due diligence and have a reasonable scientific basis
States must protect the right to privacy and personal data especially for patients and persons tested during the pandemic. They must always obtain consent when collecting and sharing sensitive data from such individuals
Surveillance tools must be strictly limited, both in purpose and time
The challenges posed by Covid-19 for state parties are many and, naturally, this will also affect the protection of human rights. While the influence of human rights regimes in the immediate crisis situation might be limited, the experience of the Inter-American human rights organs showcases the importance of a proactive and dialogical approach. In contrast to the European system, the limited judicial toolkit can be complemented with continuous monitoring and outreach to state parties and civil society in order to safeguard the widest possible protection of human rights in times of Covid-19.