At this stage of the coronavirus disease-19 (COVID) pandemic, we are seeing the steady growth of confirmed cases, the increasing number of deaths, and the growing challenges that beset our public health system. In this context, we recognize the urgency of implementing restrictive measures to address the gravity of the situation.
However, as we have previously stressed, protecting public health entails protection of other rights as well, which are equally essential to the genuine fulfilment of the highest standard of the right to health. There are clear guidelines in ensuring balance in protecting public health while respecting human rights based on international law as well as domestic laws. Under the Siracusa Principles—a guide to government response for reasons of public health or emergency—the measures must be proportionate to the attainment of clear objectives, least intrusive and restrictive available, respectful of human dignity, among others.
Two recent pronouncements of the government—disclosure of personal information of COVID-19 cases to enhance contract tracing efforts and deployment ban of overseas healthcare workers to address shortage of healthcare personnel—are susceptible to overreach in terms of guaranteeing the right to privacy and freedom to choose gainful employment respectively.
On the disclosure of personal information, while the government clarified that this shall be done in accordance with the Data Privacy Act, clear parameters must be outlined to ensure that it will not overstep the right to privacy. We recognize the importance of contract tracing to contain the virus, but it must be done with utmost care for privacy and confidentiality.
Republic Act 11332, the law on reporting communicable diseases, guarantees the right to privacy and provides that collected data must solely be used for heath purpose only. Given the reports on stigmatization and attacks directed towards COVID-19 suspects and cases, as well as frontliners, it is the obligation of all personnel involved to respect and handle with utmost respect and confidentiality the data gathered.
Proper and lawful handling of personal data will also give patients the assurance and confidence to provide truthful and accurate information. Needless to say, the right to anonymity should be observed for the protection of the patients’ identity, privacy, and dignity. As contact tracing shall be primarily done by the Office of the Civil Defense in partnership with the Department of Health, we hope that guidelines and data sharing agreement are being worked out to reflect the human rights standards inscribed in the law while ascertaining due diligence in contract tracing.
On the banning of deployment of workers, there is no question on the need for more healthcare workers here in our country. However, commensurate salary must be considered given that this is the primary reason they choose overseas opportunities. This sector is also asking for consideration with regards the efforts and expenses of those who are already set for employment and the impact to those with existing contract in foreign countries.
We recommend that measures on deployment limitation contemplate the prevailing sentiments of healthcare workers so this can also pave the introduction of reforms in the health care system and standards. Free choice of employment is a constitutionally guaranteed right. Instead of limiting this right, a more competitive and equally favorable option can be provided for our health care professionals to keep them here during this crisis and in the long run.
In our effort to address the severity of the situation on collective scale, we must be careful not to utilize sweeping measures that may lose sight of the human persons that are in the middle of this struggle. Putting human rights at the forefront can enable creative and holistic approaches that preserve human dignity while effectively addressing the public health crisis. ###