European Committee on Social Rights Releases Statement of Interpretation on the Right to Protection of Health [1]
On April 22, 2020, the Council of Europe announced [3] that the European Committee of Social Rights had adopted a “Statement of interpretation on the right to protection of health in times of pandemic [4].” The statement enumerates ways that countries can ensure that their responses to a pandemic respect “the right to protection of health”(protected by “Article 11 of the European Social Charter”). In addition to “prevent[ing] and limit[ing] the spread of the virus” and caring for “those who fall ill,” states must educate the public about “the disease in question,” take “precautionary measures,” and ensure that all populations (including the most vulnerable ones) receive equal access to resources. The statement highlights the ways that “the right to protection of health” overlaps with the rights guaranteed in other articles of the European Social Charter (including Article 3, “the right to safe and health working conditions,” and Article 15, “the rights of persons with disabilities”); it also notes that, “Article 11 of the Charter complements the fundamental rights enshrined in Articles 2 [right to life] and 3 [inhuman treatment] of the European Convention on Human Rights.“ It ends listing the ways the Committee will monitor and review states’ actions, specifically through “the reporting procedure and the collective complaints procedure.”