Do not violate the International Health Regulations during the COVID-19 outbreak

Article 43 of this legally binding instrument restricts the measures countries can implement when addressing public health risks to those measures that are supported by science, commensurate with the risks involved, and anchored in human rights.1 The intention of the IHR is that countries should not take needless measures that harm people or that disincentivise countries from reporting new risks to international public health authorities.2 In imposing travel restrictions against China during the current outbreak of 2019 novel coronavirus disease (COVID-19), many countries are violating the IHR. WHO has issued COVID-19 technical guidance on several such measures, including risk communication, surveillance, patient management, and screening at ports of entry and exit.9 Third, and most importantly, Article 3.1 strictly requires all additional health measures to be implemented “with full respect for the dignity, human rights and fundamental freedoms of persons”,1 which in turn must reflect the international law principles of necessity, legitimacy, and proportionality that govern limitations to and derogations from rights and freedoms.10 Under no circumstances should public health or foreign policy decisions be based on the racism and xenophobia that are now being directed at Chinese people and those of Asian descent.11 Many of the travel restrictions implemented by dozens of countries during the COVID-19 outbreak are therefore violations of the IHR.12 Yet, perhaps even more troubling, is that at least two-thirds of these countries have not reported their additional health measures to WHO,12 which is a further violation of IHR Articles 43.3 and 43.5. [...]the IHR only governs countries, not corporations and other non-governmental actors. [...]some countries are finding themselves with de-facto travel restrictions when airlines stop flying to places affected by COVID-19.