This article is written by Iverna McGowan, an expert on international human rights law and Apolitical Insider Fellow. This article has been edited by Anastasia Kalinina, Co-Founder of Re-State Foundation and Apolitical Insider Fellow.

The American sociologist Charles Wright Mills, once asserted that the intricate connection between the course of our own lives and that of world history often escapes us.

In other words, as we go about our daily lives it may not be obvious to us that our life experiences are profoundly shaped by who we are, and where we come from. The Covid-19 pandemic has fast-forwarded world history and with it made painfully clear that who we are in society has a direct impact on how this chapter of history affects us.

The intensity with which it has ravaged through countries and communities the world over, has brutally exposed the depths of inequality particularly in relation to access to healthcare. The murder of George Floyd in the U.S. ignited public outrage at the scourge and scope of racism across all facets of society. The pandemic has laid bare the extent of inequalities and created world-wide political momentum demanding change — but how could this momentum be harnessed in a sustainable way? A fresh effort to implement international human rights, in particular economic and social rights, could hold the answer.

Irrefutable damage of discrimination to public health

In the U.K., the Office for National Statistics (ONS) has found that Black people are four times more likely to die from coronavirus,

This grim figure has been echoed in similar studies the world over. What is not new is the reality that discrimination has very serious consequences on health — this is a lived reality for millions of people every day. What is new is the speed at which the consequences of this inequality are being exposed.

In the past, studies on how at-risk groups suffer discrimination in access to health have often focused on statistics over a 10 or even 20-year period to make the point, but with the pandemic, the stark reality of inequalities became painfully apparent in the statistics of just a few months.

Whilst of course the pandemic has put unprecedented strain on healthcare systems, the extent of the impact on vulnerable or at-risk groups cannot be ignored

The pandemic is also bringing home the complexity of multiple forms of discrimination. We know, for example, that the inability to socially distance increases risk — and that those living in crowded homes therefore will be at more risk. When you couple that with the statistics from so many countries that you are more likely to be affected by poverty when you come from an ethnic minority background it suddenly becomes a question not just of access to health but of access to education, employment and housing and other associated economic and social rights.

Human rights as an essential indicator of health, social and economic policy

Economic, social, and cultural rights include the human right to work, the right to an adequate standard of living; including food, clothing and housing, the right to physical and mental health, the right to social security, the right to a healthy environment and the right to education.

The U.N. Convention on Economic, Social and Cultural Rights and its committee of experts have over many years developed frameworks for States to measure the “progressive realisation” of these rights. Too often States and even some legal academics argue that these rights are not justiciable — or, simply put, that you cannot stand before a court and seek redress because your “right to health” has been violated due to the complex nature and many different factors which contribute to one’s health.

To remedy the current gaps would require leadership from the political and administrative level of each State. Public officials and civil servants have a crucial role to play

Whilst of course the pandemic has put unprecedented strain on healthcare systems, the extent of the impact on vulnerable or at-risk groups cannot be ignored. Covid-19 looks to powerfully defeat the myth that these rights are not judicially enforceable and that they are too vague to monitor effectively. The devastating consequences are crystal clear — there is no doubt about the failure of so many States to uphold these rights. This moment presents a unique opportunity to increase the urgency we place on enforcing economic and social rights.

To remedy the current gaps would require leadership from the political and administrative level of each State. Public officials and civil servants have a crucial role to play. By drawing on the very concrete indicators and recommendations of the U.N. Committee on Economic, Social and Cultural Rights, States can put in clear quantitative and qualitative benchmarks and track the success of tackling inequalities. These frameworks are also key to social movements and civil society actors demanding change, as they offer a concrete accountability tool.

In many cases it will also require a rethink of how to better capture and track State statistics in particular to ensure that disaggregated data on access to healthcare, education and work be examined on such grounds as gender, ethnicity, social background and whether you live in an urban or rural area.

In this sense, the pandemic has exposed yet another truth: the ability of a State to uphold the rights and wellbeing of its people is central to its own credibility and legitimacy. Economic and social rights are not a nice thing to have, they are the definitive test of a State's ability. The challenge now facing governments worldwide is to meet this moment and take action. — Iverna McGowan

Iverna McGowan is an independent consultant on international human rights law. The views expressed here are those of the author.  She works as an adviser to the UN Office of High Commissioner for Human Rights, and numerous international non-for-profit organisations. She served for many years as the Director of Amnesty International’s EU Office and was on the advisory panel of the EU’s Fundamental Rights Agency.  Twitter handle: @iverna1

(Picture credit: Unsplash)

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