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Statement of CHR Spokesperson, Atty Jacqueline Ann de Guia, on the proposal to bar unvaccinated people from leaving their houses

With the threat of rising cases of Covid-19 due to its Delta variant, the Commission on Human Rights (CHR) recognises that preventing transmission and mitigating its effects to individuals, households, and businesses remains to be a shared national priority.

Vaccination against Covid-19 is one of the most important steps in easing out of this pandemic, alongside the recommended test, trace, and treat strategy. The reality, however, is that vaccine supply remains to be challenge. At the same time, certain populations also experience vaccine hesitancy due to various reasons, including receiving wrong information on vaccines and its effects.

As of 29 July 2021, reports cite that only 6.66% of the population, or about 7.2 million Filipinos, have been fully vaccinated, and only 10.48%, or about 11.43 million, of the population have received their first dose.

With all these challenges, preventing unvaccinated individuals from leaving their homes may result in undue discrimination considering that there are reasons for being unvaccinated that are beyond their control. The country has yet to vaccinate other priority groups, including indigent populations not covered by the A1-A4 category. Such restrictions will ultimately have an impact to their abilities to cope with the effects of the pandemic, including effects to livelihoods and ability to fend for themselves in the absence of explicit proposals for aid while in isolation.

The Siracusa Principles, guidelines adopted by the UN Economic and Social Council in 1984, also prescribe that restricting human rights in times of states of emergency, such as a pandemic, must not only be based on necessity, but should also be lawful and proportionate to its goal. These principles also cite that policies restricting human rights—in this case, freedom of movement—must be based on scientific evidence; neither arbitrary nor discriminatory; and should especially be mindful of its possible disproportionate impacts to marginalised populations.

Together with the entire nation, CHR continues to look forward to the end of the pandemic. But as we struggle and survive, CHR reminds the government that human rights must continue to be at the centre of all its efforts. Ending the pandemic is, after all, in pursuit of the enjoyment of the highest attainable standard of health—a fundamental human right.

We then urge the government to address issues on vaccine supply and hesitancy, as well as improving the overall health system of the country to cover testing, tracing, and treatment of Covid-19 cases, in responding to this pandemic. Quarantine is one strategy. The Covid-19 pandemic has proven itself to be complex threat to everyone. Our response has to be holistic and mindful that we need to heal and recover together, and not leave anyone behind. ###

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