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The COVID-19 Pandemic And Its Impact On Economic, Social And Cultural Rights

The centrality of the right to health and other ESCER in the Inter-American system in the context of COVID-19

Soledad García Muñoz

The COVID 19 pandemic is a test to the strength and capacity of current governments around the world, to respond to a grave public health crisis. This sad global event puts the protection of the wellbeing, health and integrity of all people, in the forefront of the agenda of States, of intergovernmental organizations and civil society. However, this crisis is rapidly showing the deep fissures of our social fabric; making it more obvious the immense disparities in and between our countries, which in its place, puts people in vulnerable situations in a special dangerous position.

Being the most unequal region in the world, this crisis in the Americas will undertake a major toll on the most vulnerable population. Particularly, those who are left without any type of health coverage and are unable to access the public health system, either because it is at capacity, or because there is none in place. Hence, this crisis will test the health not only of people but of entire societies and economies.

In this vein, the Inter-American Commission on Human Rights (IACHR) adopted on the 10th of April its Resolution (Resolution 1/20), on Pandemic and Human Rights. This historic document has been elaborated by the IACHR with the support of its two Special Rapporteurs. Specifically, the Office of the Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) contributed substantially in everything related to the right to health and other ESCER rights.

The resolution synthesizes the main obligations for States to observe, under the current legal framework of the Inter-American System in the context of the pandemic. Regarding the context, the Resolution recognizes “the pandemic poses even more significant challenges for the countries of the Americas, both in terms of health policies and measures, and in their economic capacities, to enable them to set in motion measures to address and contain the virus. These measures are urgently needed to protect their peoples under international human rights law adequately.”

With this, the IACHR, along with its REDESCA, aims to promote a policy framework that looks to guarantee to all the population, especially to those in a more vulnerable population, health as a fundamental right and a public good. This analysis includes considerations regarding the protection of health workers and other healthcare professionals and people working in essential industries. This decision, from the principal organ of the Organization of the American States (OAS), adds onto the ample existing legal authority that cover thi right. The American Declaration of Rights includes the right to health in article XI, and is also contained in the Protocol of San Salvador, in article 10; plus it is found in the Charter of the OAS and in the Social Charter of the Americas.

Finally, the Resolution is also building upon the current jurisprudence and case law developed by the Inter-American Court on Human Rights, were it has also established the autonomy of the right to health and has addressed on its direct justiciability based on article 26 of the American Convention on Human Rights. With this, REDESCA aims too also, further the development of new standards on the right to care in the Inter-American system and the pandemic undoubtedly requires rapid progress in that direction.

The resolution systematizes on how the elements of the right to health (accessibility, availability, acceptability and quality), will have to be assessed in the context of the present crisis, putting at the center the needs and rights of the more disadvantage people and groups. As well, as it has been expressed by the United Nations Committee on Economic, Social and Cultural Rights, the complete protection of health workers, constitutes part of the complete guarantee of the right to health. Thus, the State must ensure not only that all health workers are equipped with the appropriate protection, but also that there are legal protections in place against discrimination, intimidation or any general harassment towards the integrity and work stability of health workers and professionals.

Beyond this step, as it was mentioned in the beginning, this crisis is also tackling the capacity of the social and economic response from States. Recognizing this, the Resolution states “that the countries of the hemisphere have recognized the great importance of the protection of economic, social, cultural and environmental rights as an essential condition for democracy, the rule of law, and sustainable development and that health is a human right recognized in the international human rights body of laws.” Later on it has established that as part of the action undertaken by the State should be focused on the complete protection of  “the human right to health and its basic social determinants, which are related to the content of other human rights such as the right to life and personal safety, and other economic, social, cultural and environmental rights, such as access to drinking water, nutritious food, access to means of cleaning, adequate housing, community cooperation, mental health support, and integration of public health services”.

In this sense, the IACHR, along with REDESCA, looks to put into the center of the public policy agenda of the American hemisphere; the response to the pandemic as an issue that has to be addressed focusing on human rights, gender equality and intersectionality. Hence, the resolution highlights the importance of keeping in mind that this public health crisis is questioning the societal models that favor privilege and do not protect those who are more exposed to the violations of their most basic dignity. This makes urgent the need to take innovative social measures and redistributive fiscal policies, along with a deep reflection on the relationship we as societies have with nature and the exploitation of its resources.

To close, the resolution also calls for the cooperation amongst all actors, and especially amongst States, to look for immediate answers on how to address this situation. Hence, from REDESCA we will continue contributing to the work of the Commission, through its Rapid and Integrated Response Coordination Unit (SACROI) COVID-19 and the Inter-American System mechanisms, seeking to strengthen the standards and measures for the protection of the right to health and other economic, social, cultural and environmental rights in their indivisibility and interdependence with all human rights. Faced with this pandemic, the affirmation of human dignity and universal rights, is an essential vaccine against the impact of inequalities and social injustices affecting the most excluded sectors of our societies.

Soledad García Muñoz, Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA). The REDESCA is an autonomous office of the IACHR and was especially created in 2017 to brace the Commission’s compliance with its mandate to promote and protect economic, social, cultural, and environmental rights in the Americas. Twitter: @DESCA_CIDH.

The Special Rapporteur acknowledges the valuable support of the consultant, Daniel Noroña, in preparing this note.

*The translation into English is the responsibility of the author.

 

 

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Climate and Environmental Justice

We have advanced rights-based and gender-transformative transition frameworks through research that centres the lived experiences of women and marginalised communities on the frontlines of extractive energy policies, promoting climate and energy frameworks attentive to the social and care-related impacts of transition pathways. We have developed a clear vision for a gender-just transition, firmly rooted in gender and human rights norms, establishing both the legal basis and the direction for the transformative changes our planet and societies urgently need. In particular, the ‘Guiding Principles for Gender Equality and Human Rights in the Energy Transition’, a collective effort built through online consultations, an in-person workshop and multiple rounds of revision with activists, practitioners and experts from around the world, outline a transformative vision for reshaping global energy systems through a human rights and gender equality lens.

Our work recognises that the climate emergency is both an existential threat and an opportunity to reimagine societies built on social, gender, economic and environmental justice. We ground our advocacy in feminist and intersectional principles, prioritising the agency and perspectives of communities in the Global South who have contributed the least to the climate emergency yet face its most devastating consequences. Central to our approach is the understanding that energy is not merely a commodity but a fundamental human right; essential for dignity, health, education, work and the realisation of countless other rights. We challenge approaches to the energy transition that risk replicating the harmful patterns of fossil fuel extraction and, instead, advocate for transformative policies that ensure human rights and gender equality as central to building climate-resilient societies rooted in dignity, justice and planetary well-being.

What's next?

We will continue to challenge approaches that treat energy transition as merely a technical shift, instead positioning it as an opportunity to reimagine economies and societies rooted in dignity for all, with particular attention to communities in the Global South who have contributed least to the climate emergency yet are most exposed to its worst effects.

We will connect community-level evidence and the lived experiences of those on the frontlines of extractive policies to national reform and global norm-setting, breaking down silos between human rights, gender, and climate movements, and advancing a shared vision that recognises just transitions as not only fundamental to achieving climate-resilient and sustainable societies, but as transformative pathways that advance social and gender equality, redistribute power and resources equitably, and ensure that energy systems serve the public good rather than profit.

We will mainstream rights-based and genderjust transition priorities in key multilateral spaces (particularly, within the Just Transition Work Programme and the to-be-developed Just Transition Mechanism, within the UNFCCC) to guarantee that just transitions are advanced at all levels.

We will also translate our work, through strategic advocacy, into at least two concrete policy wins, whether promoted, adopted, implemented, or scaled, in priority countries (Argentina, Brazil, Chile, Mexico, Colombia, South Africa, or Kenya), ensuring these policies align with human rights standards, centre gender equality, and reflect the needs and views of affected communities.

We will build momentum for the progressive recognition of the right to sustainable energy to shift dominant narratives away from purely extractive solutions that sideline gendered impacts, community participation, and Global South perspectives.

Economic Justice and Climate Finance

Our work has transformed the global discussion on fiscal policy in a more just, emancipatory and sustainable direction. Our approach has combined both high-level, expert contributions within decisionmaking circles, with bold, impactful work on narrative change with the general public.

We have been instrumental in the inclusion of human rights as a guiding principle of the future United Nations Framework Convention on International Tax Cooperation, a multilateral instrument with the potential of raising approx. USD 492 billion per year in public revenues currently foregone to global tax abuse. In the process leading to the ‘Compromiso de Sevilla’ decided at FfD4, we proposed and succeeded in creating a specific human rights workstream within the Civil Society Financing for Development Mechanism, which was critical to ensure that explicit commitments on the matter were included in the negotiating outcome. In a context of cutbacks in multilateral institutions, we have amplified the capacities of technical experts, providing rigorous technical support and leveraging our influence to ensure the enactments of groundbreaking standard-setting instruments, such as the 2025 UN Committee on Economic, Social and Cultural Rights Statement on Fiscal Policy and Human Rights, and the first ex oficio hearing on the Inter-American Commission of Human Rights on Fiscal and Economic Policies to Address Poverty and Structural Inequality, leading to an upcoming thematic resolution on the matter. We have also bridged the silos between multilateral tax discussions and climate finance debates, promoting ambitious financing commitments to increase international and domestic resource mobilisation during COP 28, 29 and 30.

At the regional level, our engagement with fiscal cooperation platforms such as the Platform for Fiscal Cooperation of Latin America and the Caribbean (PTLAC), where we are member of its Civil Society Consultative Council, and the African Anti-IFFs Policy Tracker, for which we participated in the pilot mission in Ivory Coast together with Tax Justice Network Africa (TJNA), have been critical in cementing a growing engagement between tax administrations and ministries of finance with international legal experts, exploring actionable and transformative initiatives, such as the taxation of high-net-worth individuals, beneficial ownership registries and corporate countryby-country reports, to be implemented at the international level.

At the local level, our interventions in fiscal reform debates in Chile, Brazil, Colombia and Nigeria have contributed to shaping legislative outcomes in a more progressive, rights-compliant direction.

As for our leadership in narrative change, we have a measurable track record in delivering tailored, innovative campaigns which have decisively expanded economic justice constituencies by appealing to a broader tent. In Latin America and the Caribbean, we created the ‘Date Cuenta’ campaign, coordinating over 40 organisations across civil society to deliver plain language, innovative messaging connecting progressive fiscal reforms to the financing of health, education and social protection. ‘Date Cuenta’ generated over 55 original campaign messages that were tailored to the realities of seven priority countries (Argentina, Chile, Colombia, Mexico, Paraguay, Peru and Honduras) and disseminated in Spanish, Portuguese and English. In doing so, we convened more than 65 online co-creation workshops with partners, coordinating a unified communications strategy which combined digital outreach, press and media coverage, and collaboration with influencers. Ultimately, ‘Date Cuenta’ resulted in more than 60,000 interactions on social media, coverage in major regional and international media outlets, including El País, Deutsche Welle, Bloomberg and France 24, and the participation of at least 63 social media influencers through 58 dedicated publications. In collaboration with Fundación Gabo and the Friedrich Ebert Stiftung, we also organised a two-day workshop in Bogota with 20 journalists from 13 countries, building a regional network trained in a human rights-based approach to fiscal policy that has since generated published media coverage on outlets such as La Diaria, Ciper, El Diario Ar and Milenio. Through ‘Date Cuenta’ and our regional advocacy, we strengthened civil society engagement in key processes, including the Financing for Development track and FfD4, co-organised highlevel dialogues with states and civil society from Latin America and Africa.

What's next?

We will shape the UN Tax Convention and its Protocols so they embed human rights principles, and we will stay engaged through follow-up processes (including the expected Conference of the Parties) to support effective implementation. We will keep linking tax and climate finance so that new resources mobilised through fiscal cooperation are channelled to adaptation, mitigation, and loss and damage, in line with UNFCCC commitments.

Public Services for Care Societies

We have translated participatory research into accountability and policy outcomes.

In Ivory Coast, our work with Mouvement Ivoirien des Droits Humains and affected communities since 2023 exposed how privatisation and lack of accountability restrict access to quality healthcare. It contributed to the closure of 1,022 illegal private health centres, an executive instrument strengthening the regulation of private hospitals across the country, and the creation of a permanent complaints management committee in healthcare through a bylaw issued by the prefect of Gagnoa. Partners engaged through this process also advanced concrete improvements at facility level: members of the Gagnoa Midwives Association who took part in the participatory action research pooled resources to renovate the neonatal unit of the Regional Hospital, and the Director of the Gagnoa General Hospital launched an action plan to expand services and improve patient reception, with the facility receiving the award for best hospital in the country in 2025.

In Kenya, our research with the Mathare Education Taskforce documented the absence of public schools and the expansion of private provision, evidencing impacts on households and caregivers and strengthening demands for free, quality public education. This work contributed to stronger community agency and collective organisation, alongside ongoing strategies ranging from communications to litigation to secure a public school in the area, some involving GI-ESCR and others led independently.

Across Africa, this work is complemented by a multi-country study examining the human rights implications of austerity in education and health, including how regressive fiscal policies, rising debt burdens and persistent underinvestment undermine the financing and delivery of public services.

In Latin America, from 29 November to 2 December 2021, over a thousand representatives from over one hundred countries, from grassroots movements, advocacy, human rights, and development organisations, feminist movements, trade unions, and other civil society organisations, met in Santiago, Chile, and virtually, to discuss the critical role of public services for our future. Following the meeting, the Santiago Declaration on Public Services was adopted to demand universal access to quality, gender-transformative and equitable public services as the foundation of a fair and just society.

We are currently advancing work on care systems, linking public services and fiscal justice through integrated research, advocacy and communications, including a regional campaign framing care as a collective responsibility requiring sustained public investment.

What's next?

In Ivory Coast, we will evaluate and strengthen the complaints management committee and position it as a replicable model for other health facilities. In Kenya, we will support the Mathare community to co-design a model public school for Mabatini and Ngei wards, grounded in human rights standards. Building on our multi-country austerity study, we will drive national advocacy on financing for education and health: advancing reforms in Ghana; launching a fiscal policy and public services financing agenda in Kenya through the CESCR process and targeted coalition work; and, in Nigeria, using the new tax acts in force since 1 January 2026 to catalyse a national accountability campaign for adequately funded, quality public services. In Latin America, we will amplify locally led care pilots across 8 countries and turn lessons into influence—advancing care policies that strengthen care organisations, protect care workers’ rights, support unpaid caregivers, include disability and family networks, and redistribute care more equitably.