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States of Emergency in International Law and the Current Pandemic

Participants, and their areas of expertise, included:

  • Professor Robert Goldman – International Law, Human Rights Law, International Humanitarian Law, Terrorism and Human Rights.
  • Professor and Dean Emeritus Claudio Grossman, member of United Nations International Law Commission  International Human Rights, International Comparative Law, International Organizations.
  • Professor Fernanda Nicola, director of the Program on International Organizations, Law and Development – European Union Law, Comparative Law, Law and Development.
  • Professor Macarena Saez, director of the Center for Human Rights and Humanitarian Law – Human Rights, Gender and Sexuality, Family Law, Comparative Law.

Saez spoke specifically about the disproportionate impact that the response of COVID-19 has caused for particular marginalized populations.

“There’s some perception these measures are neutral, because they’ve been implemented in ways that should impact everyone,” Saez explained, but added that for those that were in positions of inequality before the pandemic, these measures have the potentiality to exacerbate those instances of inequality further. These measures should take closer consideration to things such as race, poverty, gender, sexual orientation, gender identity, disability, and age, Saez said.

“It’s easy to say 'you should stay at home' when you have a bathroom at your house and running water, many rooms, and when get along with your family," she said. "It's very difficult for people with no houses, or very tiny spaces – with the minimum conditions that would allow them to shelter in place."

During the Q&A portion, Goldman also pointed out discrepancies on the health care front, both internationally and domestically.

“We are in seeing every place in the world the unequal and disproportionate impact that this virus is having even in many of the wealthiest countries, including the United States," he said. “Things are going to come out of this. Out of every kind of tragedy frequently offers an opportunity. And I think we’re going to have far greater acceptance of the notion of the paramount importance of the right to health – just as fundamental as the right to life, and freedom from torture.”