Declaration of the Human Rights, civil law, common law, covid-19, liberty, freedom, security, US United States, social distancing, self-isolation measures, responsibility, sanitary crisis
The Article 3 of the Universal Declaration of Human Rights "Everyone has the right to life, liberty and security of person" embeds itself a paradox, highlighted by the current situation in the United States. As Covid-19 spreads through the country, some people prefer to deny its risks and choose their own liberty upon the right to life of the others. During the Spring Break, the "Deniers and Disbelievers" "who dismissed the calls for isolation, seeing more reward than risk in gathering" as described by John Branch in New York Times headed to various tourist locations in the US. Ultimately, their actions accelerated the spread of the coronavirus and the following question appears : "To what extent can a person be held responsible in the United States for not respecting the social distancing and self-isolation measures?"
[...] The government has implemented the measures to prevent the spread of the coronavirus, however these measures have not been enforced for the moment, they are just calling to the "common sense" of the population. However, the state has the obligation to prevent third parties from interfering with the right to health. Ultimately, the breach of the Right to Health can lead to the breach of the Right to Life. The argument for most of the persons who refuse to self-isolate and continue to go out, is the fact that restrictions breach their own freedom to move and gather. [...]
[...] Such cases are unprecedented, and under the Common Law which rules the US, the new laws are probably to come, to show example and put a more strict legal frame around this issue. Nevertheless, the private sector, especially businesses that demand employees to break the rules and even lie about their medical condition should bear the responsibility of failing to provide safe working environment. However, this as well is ultimately the responsibility of the state as per the ICESCR. "One person's freedom ends where another's begins" - the covid-19 crisis that has touched the entire world in 2020 also highlights the flaws in legal and social systems. [...]
[...] For the moment, the rules and restrictions linked to the virus have not been enforced on federal or state level in the United States. On the one hand, the action of deliberately exposing one's self and spreading the virus can be considered as act of "terrorism". For example, Deputy Attorney General Jeffrey Rosen wrote that "purposeful exposure and infection of others with COVID-19" could violate federal laws against proliferating bio-weapons and a couple of cases have already been brought to court in the US. [...]
[...] Deniers and Disbelievers: ʻIf I Get Corona, I Get Corona.ʼ - John Branch (2020) - Coronavirus in the US The Article 3 of the Universal Declaration of Human Rights "Everyone has the right to life, liberty and security of person" embeds itself a paradox, highlighted by the current situation in the United States. As Covid-19 spreads through the country, some people prefer to deny its risks and choose their own liberty upon the right to life of the others. During the Spring Break, the "Deniers and Disbelievers" "who dismissed the calls for isolation, seeing more reward than risk in gathering" as described by John Branch in New York Times headed to various tourist locations in the US. [...]
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