The Commission on Human Rights (CHR) expressed at the very onset its support to the government’s objective to of containing and minimizing the spread of the coronavirus disease-19 (COVID-19) in our country. As gleaned from the experience of other countries that are in the advance stage of the pandemic, the quarantine and other stringent social distancing measures are necessary to safeguard public health and safety. We also continue to call for cooperation from all sectors across all spectrum of the society towards ensuring the public health and safety of everyone particularly the disadvantaged, marginalized, and the vulnerable.

As we have all witnessed in media reports in the past few days, the most vulnerable are gravely bearing the brunt of the unintended dire consequences of the enhanced community quarantine. The plight of the poor and the homeless, due to their socio-economic conditions, cannot be overemphasized. In particular, the homeless lack proper dwelling so they could not insulate themselves from others. The poor ones who subsist on low-paying, hourly or daily wage, who may have hand-to-mouth existence, are compelled to go to work because they won’t be able to put food on the table if they simply stay home. They are also at risk for living in small, cramp spaces that are usually located in crowded, depressed communities.

Both the government and the private sector have the human rights obligations to foresee and proactively address the impacts of the quarantine to the poor sector. The latter need assurance that they will be provided their basic needs while being confined at home. CHR recognizes that the government recently instituted programs to address the socio-economic needs of the vulnerable sectors during the quarantine period. But it must be stressed that this urgent matter requires swiftness and due diligence to ensure that no person will be left behind. Expedient and preemptive actions will also help prevent other foreboding consequences that may arise due to extreme hunger and poverty. To ensure the health of poor and homeless, we also remind our partners in the government to provide them with timely and appropriate medical and health provisions given the vulnerability of their conditions as well as the community that they inhabit.

In the first few days of the quarantine, many of these poor and homeless folks were arrested as many attempted to continue with their livelihood. CHR received complaints regarding arrests of taxi drivers, a homeless senior citizen, as well as minors that did not comply with the curfew rule. As we have said, the current pandemic require cooperation and we equally urge the public to heed to the rules and guidelines so as not to imperil the health and safety of other people and the public-at-large.

However, we equally stress that the quarantine is being implemented as a health and safety measure—this is the rationale and the perspective that the must be applied when enforcing and interpreting the provisions and guidelines. It is never meant as a peace and order solution as emphasized by the President himself when he said that the quarantine is not tantamount to martial law. We, therefore, reiterate that violations should not be automatically meted with arrest. Arrests, including warrantless arrests, must be strictly done within the legal standards inscribed in the law. Further, the enhanced community quarantine continues to preserve human rights, due process, and the rule of law as fundamental principles of a democracy.

As part of the needed holistic approach, CHR reiterates its call for the conduct of mass testings to complement the quarantine measures in accordance with the recommendation of the World Health Organization. If the supply is limited, the guidelines and protocols must consider those that are most vulnerable to the COVID-19 – these are the elderly people as well as those with underlying medical conditions. Missteps in prioritization may have dire consequences considering reports that there are already persons under investigation (PUIs) that are dying without getting the results of their tests. Aside from the medical solution, the poor elderly and those workers involved in the informal economy should also be provided cash assistance or subsidy for the duration of the quarantine.

At the center of this crisis is the human person whose fundamental right to life and enjoyment of the highest attainable standard of health must be preserved regardless of his/her status in life. In tackling the pandemic, human dignity should not be diminished nor compromised. Our society’s health and well-being is only as strong as that of our most vulnerable members. Hence, we must put human rights at the forefront while implementing what is necessary. While we may be called to be physically distant, social solidarity is our primary tool to harness compassion, affirm human dignity, and exercise daily kindness so we may thwart the COVID-19 threat and emerge out of the crisis with strengthened humanity. ###