The purpose of the paper is to discuss the human rights denial, during the COVID 19 crises time. As per the Public Health Act 2010, passed under the NSW Parliament in December 2010 and was implemented since 1 September 2012 to further safeguard the public health. Further to prevent the ways to spread infectious diseases and identify the role of the local governments to safeguard public health. Since the COVID cases have surged as a result of the airborne spread from the one person to another, causing a global pandemic, spreading and increasing rapidly, so to control the situation, on 30th March 2020, under the Public Health 2010, the order was passed which stated clearly “households”, “residents” other than the public health people to control the rising cases in Australia.
Public Health 2010
As per the Order, any person should not without any valid reason not to leave their place and the residence. The examples of valid reasons would be-:
(a) To get groceries and any food items.
(b) Traveling due to the work or education if not permitted to do at home, or
( c) exercise, or
(d) any medical reasons.
Important to implement was any public gathering of more than 2 people and the rules of exception are the
(a) two people belonging from the same household found outside.
(b) any collaboration to work or education.
under the Section 10 of the Public Health Act 20 IO it is an offense and failure to comply with the sort of direction facing a jail tenure of 6 months or the penalty of $ 11,000 (or both) and if the same is repeated to fine up to $5,500 for every consecutive day. The organization failing to amend would be penalized up to $55,000 and $27,5 00 for every day.
The organization is by the name of the” Kale Australia Human Rights Foundation is a non-governmental organization within Australia, about human rights. the objective of the organization is to use it for the advantage "to promote human rights (outlined as per the Universal Declaration of Human Rights and to follow the United Nations conventions along with the set declarations. the main important task is to check in particular for the rights and freedoms and any potential ways of discriminating due to the sexual orientation and gender identity”. the organization's objective is on submitting shadow reports further for the UN Human Rights Committee to check for every implementation of the human rights and no denial observed in the case of the discrimination, caste, creed, or race.
Identify which order/s impact human rights;
As the Director of the ’Human Rights NSW, it is important to bring attention to the few pointers as below-:
Human rights violations such as any censorship, discrimination, or facing any rational reasons for the arbitrary detention, xenophobia has been reported.. The most common human rights violation was the "right to freedom", right to live, and the "freedom of expression, were hinder and suppressed in order to respond to public health emergencies. The most common was the stay-at-home measures and it was used at the time of controlling the pandemic spread at the human rights.
Scope particular right/s you are focusing on
As per The Universal Declaration of Human Rights, due to the COVID 19 and the implementation of the Public Health 2010, the below rights were denied such as -:
Article 1: To be born free and to have secured thoughts and have the same treatment.
Article 3: To have a liberal life and the right to live with the utmost freedom and safety.
Article 13: To have the adequate right to move freely within the country and to leave for another country.
Article 20: To face on account of the right to form groups and further to organize peaceful meetings and it is necessary not to be discriminated against.
Article 22: To understand the society one lives and to help with the best of the ability to get work and be actively involve over cultural activity, and securing the right for social welfare. To achieve a person in society should hold per the freedom to acquire its personality securing the rights with the country.
Article 23: Rights to employ and engagement employment that would be advocated that can be related to the right to equal pay that would be achieved without any discrimination. To have the right to come and form the group for the interest of the workers.
Article 25: It is important to have the right to secure enough food, acquire the proper clothing, housing, and further to achieve the overall better healthcare for oneself and the families. It is also essential to secure the right to access the support and work, ill, elderly, disabled, widowed, and to go out of the place beyond the control.
Article 28:The right to live and belong to the right to enjoy the peaceful and orderly society and further to acquire the best rights and freedoms which can help to protect and even secure the rights to enjoy such rights globally.
Foreign Nationals especially Asian (including Chinese) are affected by the order/s;
Due to the passing of the public safety orders and the lockdown situation, the particular groups especially the Chinese and the Asians were looked up, discriminated, racially ousted, and even denied the basic rights to live, have the freedom, and even right for the education. For example, some of the Chinese students were sent back amid the lockdown situation as they were not allowed to have the right to live, access freedom, enjoy the freedom, or to have the educational rights. Not only they were denied most of the common privileges such as going out even for buying the normal groceries or anything.
As per the data from the WHO, it shows, the Chinese and the other Asian groups were not only denied the basic freedom to live life, have the broader picture to enjoy life, and subsequently to have basic education.
Source (De Schutter, 2019)
Australian were one of the nations which have denied the human rights to the Chinese counterparts as the foreign nationals and they were discriminated against and racially abused and even send back to their nation.
The orders with the implementation created a negative outlook towards the Chinee and the other Asian groups. Not only it disrupted the peace and security, but it even caused an imbalanced outlook towards the other groups. Stereotyping, discriminating and exercising the Public Health 2012, as per the convenience by the authorities was common, causing a denial on the freedom of expression, speech and movement.
The act simply focuses on how to prevent and control any risk that could potentially damage public health. better advocate control over infectious diseases. Increase and spread across borders. The order was passed under the findings of the risk to public health as-:
(a) public health authorities that belong both internationally and in Australia have to be monitored under the Novel Coronavirus 2019
(b) COVID-19 has proven to be a fatal condition and known to be contagious,
(c) the high rise of individuals with COVID-19 within the New South Wales, and within the Australian region identifying it as the community transmission.
Assembly, U. G. Universal declaration of human rights. (1948). UN General Assembly, 302(2).
Renshaw, Introduction in Catherine Renshaw, Human Rights and Participatory Politics in Southeast Asia (University of Pennsylvania Press, (2019) 1-14 C.
De Schutter, O. International human rights law (2019) Cambridge University Press.
Donnelly, J., & Whelan, D. J. International human rights. (2020). Routledge.
Freeman, M. Human rights. (2017).John Wiley & Sons.
Renshaw, Global, or Regional? Realizing Women s Rights in Southeast Asia (2017) 39(3) Human Rights Quarterly
Smith, R. International Human Rights Law. (2019).Oxford University Press.
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