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Between a rock and a hard place: (un)balancing the public health interventions and human rights protection in the COVID 19 era in South Africa

ABSTRACT A State’s response to a public emergency like a pandemic constitutes a critical test on its commitment to the effective implementation of human rights. The COVID 19 pandemic has infected over 54 million people and led to approximately 1.3 million deaths leaving a toll on the enjoyment of human rights. South Africa’s figures of over 1 million infections and close to 21,000 deaths make it Africa’s epicentre. This also presents an opportunity to take stock of the adopted public health interventions and the extent of human rights protection. It is argued that the outbreak of the pandemic places South Africa between a rock and hard place in terms of striking the balance between public health interventions and the protection and the promotion of human rights. First, this article reiterates the dangers the pandemic presents where public health initiatives are not engaged. Secondly, it examines the promotion and protection of human rights in emergencies. Thirdly, a practical analysis of South Africa’s engagement of the two polarities using its national law follows. Fourthly, the contribution proposes a model that South Africa may emulate going forward. A conclusion and recommendations follow.