Vietnam and its international commitments and obligations of human rights: The case of the individual rights to life, liberty, and personal security in the time of COVID-19

Abstract

The respect, protection, and fulfilment of human rights has always been one of the foremost priorities of countries. The primary responsibility of such belongs to the state as recognized in international and national legal regulations. Indeed, international and national law, especially international human rights law, recognizes that in certain circumstances such as emergency cases human rights can be limited, temporarily restricted, temporarily suspended, or, based on the three basic reasons: (1) public security and public order, (2) public health and social ethics, and (3) the rights and interests of others. These restrictions must be established by law and under the principles of the rule of law, democracy, openness, transparency, and accountability. The vulnerability of restricting human rights during emergencies, such as the prevention of COVID-19 for public health reasons during the recent widespread pandemic, shows need and urgency for the theory and practice of crisis management and the guarantee of human rights on a global, regional, and national scale. Therefore, this article contributes to the analysis and interpretation of the theoretical and practical basis for ensuring human rights in emergency situations through Vietnamese legal provisions and practices of the right to life in time of COVID-19.