Human Rights Reality Stroke
The current situation of pandemic and state of emergency due to COVID-19 disease, as well as involves health, politics, economics and education, also involves the scope of law, since from this situation, the law does notIt will be the same again, many articulated, normative, constitutions, codes and many other legal instruments, must be reevaluated, modified and regulated, so that the law has how to respond to this type of contexts. Likewise, human rights are the ones that have been collided with this situation, being vulnerable almost immediately and restricting some of them in order to avoid the spread of the virus, but nevertheless this issue is not there, since cases have been seenAround the world in which rights that are not necessary in the current situation are being restricted, and here it is where problems begin to be generated regarding human rights.
Due to the current situation there are rights that have been restricted such as personal, meeting and transit freedom, as well as the inviolability of address, indicated in subsection 1 of article 137 of the Political Constitution of Peru, which will be suspended except except needits use so that the population can stock up on basic goods and services. This restriction of rights is understood that it is for protection and security purposes, something that the majority of the people understand, and that everyone must understand, bone, that it serves to have freedom in its maximum expression if in the current context that freedom cannot be enjoyedFully, since the population can get much faster and more faster, that it is useful now if you do not have security, freedom cannot be done if there is no security.
For the fulfillment of these parameters, the National Police together with the Armed Forces are those involved in the population so that they can comply with mandatory social isolation. So far everything flows normally, but then there is another dilemma, and it is that the security that the troops of the Armed Forces and National Police respect human rights, and do not abuse the authority they have, are not guaranteed and that is that it is thatThe population sees as normal certain behaviors of these units that are actually wrong and go against human rights. Here in Peru, a well -known example is the case of the captain of the Army Christian Cueva Calle, who was recorded and spread on social networks hitting a civilian despite the fact that it was reduced and did not put resistance, for not respecting the touch ofIt remains, and that therefore it was separated from the command of the Armed Forces because these did not seem correct, nor representative the action of the military, and totally justified, since the fact that an irresponsibly breaking person breaches with the norms given by the State, does not give authority to the military personnel to transgress against the protection, security, integrity and dignity of that person, is obviously transgressing human rights. But these situations occur more frequently because the majority of the population sees it as normal, even many consider it as a good action, when in reality it is something that is wrong and goes against constitutional rights. Not only with that fact, but also a legal norm that came out, in the Sanitary Directive N.º 087-2020 called “Sanitary Directive for the management of corpses by COVID -19”, which indicates that it should be transferred, cremar and bury the body of a COVID-19 patient immediately after the death of this and being fully isolated with bagshermetic, unable to relatives the approach and disposal of the body. This rule is clearly against the right to freedom of consciousness and religion indicated in article 2 subsection 3 of the Political Constitution of Peru, since the first thing a person wants when a family member dies is to be able to see the body, say goodbye to it, watch it, make a mass, which is something understood as religious and spiritual rituals. Although it is very debatible, since this measure has an end of security and prevention of the virus, it is still a rule that goes against the same Constitution, but the contradictions are not only against it, since PeruHe has signed many more treated that reaffirm and further protect human rights, and that hinder their restriction.
The importance of human rights in these types of situations is very extensive, since although some are restricted, others charge a lot of relevance, and others become more vulnerable, but these must be protected equally, since without human rights perhaps perhapsIn many states a terrible chaos would be assembled, since many preventive measures that are currently being carried out would have been carried out, for example if there was no right to protection and safety, the population did not have the intervention of the Armed Forces,Or also if it was not regulated that a military or police cash cannot physically assault a civilian as the first option, or when the civilian is completely reduced, police and military would not have any sanction against these behaviors, and therefore would increaseThese types of cases towards the population, and therefore many more deceased and injured.
In conclusion, human rights have run into a hard reality, an emergency state in which some rights are allowed, greater protection is also needed towards others, so it is essential that the State find a balanceTo be able to get the situation ahead. Obviously people as civilians must contribute to the measures given by the Government, since that way, the fulfillment and materialization of our rights can be facilitated.
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