The Human Rights Implications of COVID-19: The Limits to the Derogation of Human Rights to Meet the Public Health Emergency Needs
Introduction
In 2019, an infection began as a pneumatic respiratory disease in the Wuhan District of the People’s Republic of China. The infection later turned into a cataclysm of unprecedented levels in the history of the world. The infection was later christened ‘the Coronavirus Disease 2019,’ ‘COVID-19.’[Coronavirus disease 2019 (COVID-19) is an infectious disease caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).[6] The disease was first identified in 2019 in Wuhan, the capital of Hubei, China, and has since spread globally, resulting in the 2019–2020 coronavirus pandemic – https://en.wikipedia.org/wiki/Coronavirus_disease_2019 (accessed 10 March 2020).] [WHO, Coronavirus disease 2019 (COVID-19) Situation Report, Data as reported by national authorities by 10AM CET 04 March 2020 at https://www.who.int/emergencies/diseases/novel-coronavirus-2019/technical-guidance/laboratory-guidance (accessed 9 April 2020).]
The disease is caused by a virus known as the Coronavirus. COVID-19 is an infectious and highly contagious disease. The virus has spread across almost every part of the globe and has consumed the lives of many people, and thousands of lives continue to be lost every day throughout the globe. The disease has brought the world to a standstill as there is no substantial economic activity going on in almost every part of the world.
The World Health Organisation on the other hand declared the disease, a public health emergency of international concern. As the disease continue to spread and have devastating effects on individuals, states have resorted to taking various drastic but life saving measures, to control the spread of the virus as there still exist no confirmed cure for the disease. For instance, Kenya declared the disease an infectious disease and a state of disaster.[Ibid.] [Ibid.]
Legal Framework
The Constitution of Kenya, 2010
