疫情防控措施对人权的限制——基于国际人权标准的认识

The Restrictions on Human Rights of Preventive and Controlling Measure of Epidemic:Observations from the Perspectives of International Human Rights Standards

新型冠状病毒流行等重大突发公共卫生事件期间,国家为防控疫情而采取的措施,将限制许多人权如迁徙自由、人身自由、隐私权利、集会自由和结社自由、工会权利、宗教权利和少数者权利、工作权及与工作相关的权利、家庭权利和儿童权利、表达自由、受教育权利和文化权利的享有和行使。国际人权标准允许国家为了公共卫生的理由,在疫情期间限制甚至克减这些权利。同时,国家应当合理平衡疫情防控与人权保障,将保障人权作为检测这些措施的首要标准,保证所采取的限制人权的措施不超过法律允许的限度。

During the outbreak of major and serious public health emergencies such as the COVID-19,the measures taken by the State to prevent and control the epidemic will restrict the enjoyment and exercise of many human rights such as freedom of movement,right to personal liberty,right to privacy,freedom of assembly and association,rights of trade union,religious rights and minority rights,right to work and related rights,family rights and the rights of the child,freedom of expression,right to education and cultural rights.The State is allowed to restrict and even derogate from such rights during the outbreak of epidemics under international human rights standards.The State nevertheless must reasonably balance the prevention and control of epidemics with the protection of human rights,take the protection of human rights as the primary test for those measures,and ensure that the measures taken to restrict human rights do not exceed the limits permitted by law.