The State’s Responsibility in Fulfilling Human Rights during the COVID-19 Pandemic

DOI

10.2991/assehr.k.211112.014How to use a DOI?

Keywords

state authority; state obligations; emergencies; fulfillment of human rights; the COVID-19 pandemic

Abstract

The current COVID-19 pandemic that is hitting Indonesia requires the government to focus more on fulfilling the right to health as a form of fulfilling the human rights of its citizens. In human rights, the state is a duty bearer. The state’s obligations take three forms: respect, protect and fulfill. This study aims to determine the extent to which the Indonesian government is responsible for fulfilling public health in the COVID-19 pandemic. This study employed a normative legal research method based on the human rights legal framework. The results showed that restrictions on human rights, especially derogable rights and vaccination policies, were two strategic steps taken by the government in realizing the fulfillment of the right to health as a fundamental right that cannot be separated from other human rights such as the right to life. Furthermore, the responsibility for fulfilling human rights is an obligation of the state and a shared responsibility (the state and its citizens) when the state is in a state of emergency.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Waode Mustika
AU  - Nova Septiani Tomayahu
AU  - Mellisa Towadi
PY  - 2021
DA  - 2021/11/23
TI  - The State’s Responsibility in Fulfilling Human Rights during the COVID-19 Pandemic
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 113
EP  - 120
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.014
DO  - 10.2991/assehr.k.211112.014
ID  - Mustika2021
ER  -