Mr Timothy Fish Hodgson ที่ปรึกษากฎหมาย คณะกรรมการนักนิติศาสตร์สากล (นำเสนอรายงานไอซีเจ) :

Mr Hodgson provided information about impacts of the COVID-19 pandemic on human rights, as presented in the ICJ Report titled “Living Like People Who Die Slowly: The Need for Right to Health Compliant COVID-19 Responses.” He stressed that the governments’ measures such as national lockdown and emergency measures which aim to protect public health have to realise the obligations of states in terms of the right to health. These measures have to respect human rights such as the right to freedom of movement, the right to equality and the right to live. Before getting to the points where the restrictions limit other rights, these measures must comply with the international public health and realisation of the right to health.

Mr Hodgson points out that there are systemic challenges that not enough measures have been taken to handle the right to health before COVID-19. It is important in the context of Thailand, more measures need to be taken to protect the right to health because the system of healthcare is not adequate for everyone, especially for the vulnerable and marginalised group of people. The UN committee also made that point that the state emergency measures have impacted on the full enjoyment of economic, social and rights in the context of Thailand.

He said that civil and social rights cannot be separated from economic, social and rights. If there is no right to protest or freedom of expression (if the complaint of rights is impossible), it is not easy to enjoy other rights in the country. From the report, there is a violation of one type of right in the economic and social ambits in the interconnection with the right to health.

He examined the issue of vaccines through the lens of private-sector obligations. Many countries around the world are increasing privatisation of services such as private supermarket, school and hospitals. These entities have delivered services on economic and social rights. Thus, they have to comply with certain obligations and responsibilities in term of these rights. The report reveals that there has been a struggle for the state to get private healthcare entities to comply with human rights obligations. When it comes to the vaccine, the government has supported private health companies to produce and develop the vaccine. Then, the companies might sell the vaccine at an unaffordable price. The UN rapporteurs on health called the private companies to ensure that their production of the vaccine does not harm human rights and they called on states to make use of mechanisms including WTO trade obligations to allow for the distribution of vaccines. The distribution of vaccines is also important for marginalized people including indigenous persons, women, persons with disabilities, older persons, minority people, persons in detention, homeless persons, migrant workers, refugees, and LGBT persons. They are going to be vulnerable to access vaccine when they have a marginal identity and belongs to the marginal group.

He also presented an overview of the ICJ report. The ICJ report did detailed research around the world. This report highlights and explains the trends that cause problems and also the human rights principle that applies to the problems. In many places of the world, people are not used to be treated with equal human rights. He also summarised the common problems among different countries from the reports.

For the non-citizens, refugees and migrants, there has already been unequal access to healthcare for this group of persons. One of the main reasons is that people do not have regularised or relevant documents required to produce to access medical services. There might also be an explicit policy that prevents them to get services. This is obviously a violation of rights. With COVID-19, the situation is becoming worse because healthcare services are more limited. Sometimes, there might be limited access to certain facilities. Additionally, this group of persons has limited access to equal information. They cannot receive information as quickly and accurately as the nationals because they are not speaking the local language. Moreover, they lack access to other measures such as social assistants or funding.

For the older persons (over sixty-year-old), they tend to have already had previous concerning health problems. Additionally, they are more vulnerable to the virus. In many countries issued the lockdown measures to protect the older people. There are rules for older people when it comes to going outside, working and exercising. These rules can affect their physical and mental health.

For the persons in the facilities including prisoners, non-citizens in camps, persons in old age facilities, they are more vulnerable to the virus. They also lack access to proper treatments and screening measures. There might be discriminatory treatments towards these vulnerable groups of persons when the hospital nearly reaches its full capacities. The perception is the hospital would rather help the persons with younger age, the persons without disabilities. In some countries, there is an increased risk of infection in the facilities.

For the LGBT persons, it is quite hard to look at the full impacts on them. They might find it harder to access healthcare and other services. The legal framework of certain countries limited them to step forward to get healthcare. There are many healthcare services that the LGBT persons might need more such as gender transitioning and reproductive services.

For persons with disabilities, they are more likely to be infected by COVID-19. They have already got a high risk of serious illness and death than normal persons. Also, the rights of persons with mental health problems are violated. The officials tend not to provide special assistants to this group of persons on the issue of COVID-19. There is discrimination in access to treatments and to information such as in alternative means of translation. The support measures often involve the support workers such as the interpreters. This makes social-distancing adjustment harder for them. Most of the social lockdown measures did not concern such special needs.

For healthcare workers, they might not be able to get enough protection equipment. They also at high risk to be infected because they are working closely with the persons who had COVID-19.

For the sex workers, they are at risk of violation of right, as they did not get enough protection and care. It is difficult for them to make their living. In a country like Thailand, they are at a greater risk to get arrested.

For women and girls, it links to the discriminations against women and girls. With the lockdown measures, they are more likely to face gender-based violence by other members in the same household. It is also hard for them to get access to healthcare services. Additionally, they also get problems related to education right.

Mr Hodgson summarised that of the report looks through the human rights lens to examine the disproportionate impacts of COVID-19 on certain vulnerable and marginalised groups of persons around the world. He said that the laws, the legal systems and the protections that are put in place must be capable of preventing problems that exist in other places. Thailand is successful in controlling the infection of the disease. However, there might be another outbreak and it might be a lack of preparation. It is important for all country to continue to pay attention to human rights standards and all of the risks to prevent human rights violations, especially to vulnerable and marginalised groups of persons all around the world. He asserted that the full realisation of economic and social rights as important in democracy around the world is essential for the future that this human rights crisis like this will have less severe impacts.