Contending with the Coronavirus - What Should we Expect of Business During Global Health Emergencies?

In her opening statement last week to the United Nations Human Rights Council, UN High Commissioner Michelle Bachelet stressed that the unfolding coronavirus, COVID-19, outbreak constituted “a serious threat to the rights to life and to health of people everywhere” and suggested that the international human rights framework “brings crucial guideposts that can strengthen the effectiveness of our response.”

The COVID-19 threat reminds us all, if such a reminder was needed, how inter-connected our fate has become.

As policy-makers try to balance precaution without tipping communities into panic, the actions of business too can be both cause and effect in the chain of falling dominos.

Over 50 countries have now reported cases of the virus with nearly 3,000 deaths as a result, leading to severe travel restrictions for China and other high risk locations. At the same time, growing uncertainty about how governments will ramp up their response over the weeks and months ahead, combined with recognition of the significant impacts on the functioning of global supply chains and key industry sectors, has sparked rising investor fears and a market downturn not seen since the financial crisis of 2008.

As policy-makers try to balance precaution without tipping communities into panic, the actions of business too can be both cause and effect in the chain of falling dominos. Can the international human rights framework offer business leaders some guidance in how best to act?

Business leaders are understandably worried about how best to protect the health of their employees and their companies’ bottom lines. Those who are conversant with international standards and responsible business practices should also be asking how they can respond to the current situation in ways that do not undermine respect for human rights but instead contribute appropriately to tackling a problem that doesn’t recognise borders.

By way of background, we should recall that the World Health Organization first declared in 1946 that the “enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being.” Over 70% of all nations have ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR), which makes the right to health an international legal obligation that must be progressively realized over time.

Business leaders are understandably worried about how best to protect the health of their employees and their companies’ bottom lines... They should also be asking how they can contribute appropriately to tackling a problem that doesn’t recognise borders.

It is also important to recall that states are entitled under international law to limit the exercise of specific rights, or to “derogate” from some obligations in particular circumstances. For example, in situations of serious communicable disease outbreaks like COVID-19, states are permitted to take steps that temporarily restrict rights such as freedom of movement or privacy to achieve public health objectives, such as by isolating the spread of disease through quarantine or compulsory tracing of patient contacts.

Not withstanding ongoing legal and academic debate over how such limiting provisions are interpreted and applied, it is clear that all public health measures during crises like the one we face today should be carried out without discrimination of any kind. Equally important, every effort should be made to ensure transparency and accurate information that is critical in helping people to participate actively in protecting their own health. It is likely that the lack of transparency during the early weeks of the spread of the virus in China, and the marginalisation of whistleblowers within the health profession, worsened an already bad situation.

But the wider human rights impacts of the current crisis also require action. Reports of rising racist and xenophobic acts against Asian communities and others linked to the virus are deeply troubling, as are threats against those attempting to share information about the coronavirus on social media and through mainstream media outlets. Some of the world’s most vulnerable migrant workers face daunting decisions as well, as recent reports highlight the stories of those fleeing host countries over coronavirus fears losing wages and being unwelcome after making their way home.

As companies in all parts of the world struggle to protect employees and limit the impacts of this developing situation on operations, there is not only a need to call out good and bad practices where we see them, but also a responsibility to offer practical guidance and support to make matters better for all involved. Basic steps all companies need to take include:

1. Having a plan - Has your company put in place a clear roadmap for how you will respond to a health emergency and in ways that respect human rights? Basic resources from the World Health Organization can help as can the plans from companies now sharing their own approaches. The U.S. Centers for Disease Control and Prevention has also issued helpful interim guidance for employers.
    
2. Communicating proactively - Can your company do more to scale up the information you share with employees, customers and the public about how you are making decisions concerning the ongoing situation, including those relating to business operations, relationships with suppliers and with other stakeholders so that all are aware and informed? 
    
3. Emphasizing safety - Has your company taken all possible steps to adjust business operations in ways that respond to public health objectives, including limiting non-essential travel, strengthening protocols for good hygiene and working with state officials as needed? This is of course an even more difficult task for the service industry, where many workers are less able to work remotely, and for those in the gig economy who are less likely to have employer-provided health insurance and may not have access to public health services.

Business leaders able to do more should also recognise that this is a moment to step forward with offers of support to government officials and international organisations with lead responsibilities for responding to public health emergencies. A willingness to share expertise and resources in cooperation with other business and civil society partners, especially for countries with weaker public health systems, is a strong sign of leadership and an important contribution to the world’s stability at an uncertain time.

Business leaders able to do more should also recognise that this is a moment to step forward with offers of support to government officials and international organisations with lead responsibilities for responding to public health emergencies.

The responsibilities of the business community in health-related crises remains a complex and contested topic, touching on many areas of economic and social policy and on the functions of multiple industry sectors. Over the coming days, we at IHRB will be offering further guidance for companies on the steps they can take, based on past examples and good practice in other areas.

One thing is certain: public expectations about the role of the private sector during health and other public emergencies will continue to grow. We need to help ensure that all companies are ready to respond responsibly.