This report was generated by the Equal Rights Coalition Civil Society Working Group on COVID-19, to provide an overview of the impact that the COVID-19 pandemic is currently having and risks having in the future on LGBTI populations.
The Equal Rights Coalition (ERC) is a coalition of 42 Member States, co-chaired by the governments of the United Kingdom and Argentina. The Coalition is unique as the global body of governments focused on advancing the human rights of LGBTI persons, and promoting inclusive development in both member and non-member countries. It works with over 120 LGBTI Civil Society Organisations and convenes every two years to renew its strategy and actions. Stonewall Equality, Kaleidoscope Trust, and Comunidad Homosexual Argentina have been appointed as the Civil Society Co-Chairs of the ERC for the 2019-2021 period.
The ERC Civil Society Working Group on COVID-19, which generated this report, consists of: Asociación de Familias Diversas de Argentina (Argentina); Dignity Network (Canada); Fundación Colectivo Hombres XX (Mexico); GATE (Global); Kaleidoscope Trust (UK); Namibia Diverse Women’s Association (Namibia); Stonewall (UK); Synergía – Initiatives for Human Rights (Global); and UNIBAM (Belize).
Human Rights Concerns & Framework
The responses to the serious and wide-ranging challenges governments and their citizens face in the context of a pandemic can lead to human rights abuses. It is important to remind all governments of their rights and responsibilities, and that these remain during public health crises and emergency responses. There are a number of broader human rights concerns related to the COVID-19 pandemic, and it is vital to stress that for LGBTI persons and other marginalised and vulnerable populations there is an impact on their rights and dignity. These include, but are not limited to:
1. Right to life – where someone’s life is at risk, due to COVID-19 or any other reason, there must not be any discrimination in the provision of adequate healthcare and lifesaving measures, which should be available and accessible to all.
2. Prohibition of torture and cruel, inhuman or degrading treatment or punishment (CID) and conditions of detention – the prohibition against torture and CID is absolute, and
States should be alert to the heightened risk of torture and CID during periods of emergency legislation – particularly the risk to marginalised and vulnerable populations. In contexts such as prisons, detention centres, and migrant and refugee camps, persons must not be put at risk of COVID-19 or left untreated, where deprivation of access to treatment can rise to CID.
3. Right to liberty and security of person – any restrictions on personal liberty and security must be lawful, necessary, and proportionate, and not be implemented in a way which directly or indirectly discriminates against any group.
4. Freedom of movement– any restrictions on individuals’ movements must be lawful, necessary, and proportionate, and not be implemented in a way which directly or indirectly discriminates against any group.
5. Freedom of expression – during a global pandemic it is of the utmost importance that the freedom to seek, receive, and impart information is not curtailed in any way. It should also be ensured that vital information related to COVID-19 is available and accessible to everyone.
6. Right to health – testing and treatment for COVID-19, access to related healthcare, and access to all other types of physical and mental healthcare must be available and accessible to all.
7. Right to an adequate standard of living – during a pandemic it is vitally important that all persons have access to shelter, clean water, food, and sanitation, to reduce the risk of the virus spreading.
8. Right to education – with the closing of schools and other educational facilities, it is important that alternative learning is available, and that this is accessible to all – as many children don’t have access to computers or Wi-Fi, and may face further barriers related to factors such as gender, disability, family situation, and other inequalities.
9. Right to non-refoulement and refugee status – during emergency responses refugees, asylum-seekers, and migrants can face a higher risk of refoulement, of being denied access to protection at borders, of violence, of being detained, and of discrimination in access to goods and services available to citizens. Such risks must be mitigated to protect the rights of refugees, asylum seekers, and migrants.