COVID-19: IS THE LEGALITY OF WHITTLING DOWN FUNDAMENTAL RIGHTS ABSOLUTE? SOME JURISDICTIONS IN PERSPECTIVE

Abstract

At the epicenter of any constitution are enshrined the safeguards of fundamental human rights, protecting the freedom of its citizens. The inclusion of these rights in any legislation that governs a certain class or group of persons cannot be overemphasized. The extent of protection offered by this fundamental right, cuts across person to person dealings, to the extent of it being recognized worldwide by a central body called the United Nations which recognizes it as an important aspect of human concern. Some special organs of the United Nations like the United Nations Human Rights Commission has been mandated to ensure that every member state recognizes within its governing legislation this aspect that protects the fundamental human rights of persons within its jurisdiction. Also under this UN body are several other organs charged with several specific functions on certain endeavors of human life ensuring the quality of life of every human being is improved. There comes a time when conflict arises between certain recognized fundamental human rights of a person and the express mandates or provisions of some organs of the United Kingdom. Particular reference would be made to several international agencies like the World Health Organization (WHO) and its subsidiaries like the CDC (Center for Disease Control), who, while attempting to discharge its statutory functions, encroach into some recognized fundamental rights of a person as enshrined in the several United Nations Regulations. With the Spotlight on China battling with the recent Corona Virus Scourge, certain aspects of some relevant state laws on the subject are analyzed. A further analysis is done on the conflict of laws relating to preventive statutory guidelines adopted by the Chinese government encroaching on personal fundamental Human Rights in a bid to contain the scourge. To what extent can the safeguards of fundamental human rights protect a citizen, when there is dire need to contain an epidemic, and what rights of redress is available to the a person whose fundamental right has been restricted? Certain relevant scenarios playing out in China as at today would be analyzed and legal options open to such victims would be proffered. The study recommends a model that aims to strike a balance where the safeguards of fundamental human rights offers the requisite protection while the government carries out its intrusive, preventive and punitive roles in a bid to contain a scourge, pandemic, epidemic, or threat to its sovereignty.