In East and Southern Africa, cases of corona virus have been identified in a growing number of countries in the globe including cases in African countries such as South Africa, Zambia, Kenya, Tanzania, Rwanda, Somali and Djibouti.
We understand that in cases of life-threatening circumstances, certain rights may be limited, PHM East and Southern Africa wishes to reiterate that certain rights are non-derogable under national and international human rights obligations. This includes the rights to life, freedom from torture, inhuman and degrading treatment, freedom from slavery, fair trial and habeas corpus.
PHM East and Southern thus advise African countries that, where the government is faced with two or more that the less restrictive alternative be preferred to contain the situation. Any restrictions should meet the standards of necessary and proportionality and in line with the constitutions on limitation of fundamental rights and freedoms and international human rights imperatives.
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