The Rule of Law in Times of Health Crises

Examining the relationship between the rule of law and health crises, focusing in particular on the present crisis (COVID-19) and identifying lessons for future pandemic preparedness.

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Co-authors discuss themes from the paper 'The Rule of Law in Times of Health Crises':  Dr Julinda Beqiraj, Dr Jean-Pierre Gauci and Nyasha Weinberg of the Bingham Centre for the Rule of Law at the British Institute of International and Comparative Law; and Dr Luciana Brondi of The University of Edinburgh Global Health Academy.  

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Protecting Rights and Saving Lives. A cross-organisational webinar exploring the intrinsic links between the rule of law and health crises. In this webinar, panellists examined whether countries with robust legal systems can be considered better equipped to deal with a pandemic? 

Safeguarding the rule of law

The COVID-19 pandemic has again highlighted the close links between authorities’ responses to a health crisis, and the rule of law. The spread of COVID-19 has plunged the world into an unprecedented crisis. 

Governments around the world have limited individual freedoms to control the spread of COVID-19, preserve health systems and protect human lives. To safeguard the rule of law, these measures must be taken by the competent authorities and in accordance with the procedures and conditions established by law, without giving rise to discrimination. 

“The rule of law contributes to an effective pandemic response by promoting transparency, clarity, participation, engagement and representation, international cooperation, equality, accountability and anti-corruption, among other principles.”

States have taken drastic measures to control the spread and impacts of the novel coronavirus (SARS-CoV-2), with many declaring a ‘State of Emergency’. To control the spread of the virus, and to preserve health systems and human lives, governments around the world have limited individual freedoms. They have taken measures ranging from collecting and processing private data, to general population confinement – including strict quarantine. 

They have taken measures ranging from collecting and processing private data, to general population confinement – including strict quarantine. Without pronouncing on their necessity or effectiveness, in respect to controlling the epidemic, these measures question the principle of the rule of law: were they taken by competent authorities, in accordance with the procedures and conditions established by law, without giving rise to discrimination? 

This paper considers the relationship between the rule of law and health crises, focusing in particular on the present crisis (COVID-19), but also looking at identifying lessons for pandemic preparedness programmes that would strengthen the rule of law. 

The rule of law, poverty eradication and sustainable development have a mutually reinforcing relationship.

– from The Rule of Law in Times of Health Crises paper

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This paper was developed in partnership with Advocates for International Development (A4ID)’s ROLE UK Programme, The Bingham Centre for the Rule of Law and Global Health Academy at The University of Edinburgh.

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