Mask requirement to combat COVID-19 does not breach human rights

The Human Rights Law Centre today responded to misguided claims made over the weekend that the requirement to wear masks in public in Melbourne and Mitchell Shire breached human rights.

Executive Director, Hugh de Kretser said, “Being required to wear a mask in public in Melbourne does not breach human rights. It’s a very small limit on personal freedom for a very good reason; saving lives and protecting public health. There are sensible exceptions set out in the rules. Those who claim their rights are being breached are wrong.”

He added, “Victoria’s Human Rights Charter requires the Victorian Government to take action to protect life and health. The issue of masks is a human rights issue. The government is protecting our rights, and particularly the rights of those most at risk, by requiring masks to be worn.”

Victoria’s Charter of Human Rights and Responsibilities protects a number of key rights including the right to life which includes a requirement that governments take steps to protect life and health. The Charter also protects freedom of expression. The Charter allows the government to restrict rights where:

  • it is genuinely necessary to achieve a legitimate purpose.

  • the restriction is reasonable and no more restrictive than necessary to achieve the purpose.

“Restrictions to protect public health must be based on scientific evidence, be time-limited and be regularly reviewed. They must respect human dignity. In this case the medical evidence is clear that masks help to save lives and protect health. Being required to wear a mask is completely justified.”

There are a number of exceptions under the rules which allow people not to wear a mask outside of their home, including:

  • Where they have a relevant medical condition

  • While doing strenuous exercise

  • When eating or drinking

  • If they are under 12 years of age

  • For health and safety reasons at work

  • When communicating with someone who is deaf where seeing the mouth is needed for communication

  • During an emergency

“Police should exercise their discretion sensibly in enforcing these new mask rules, particularly in this early stage,” said de Kretser.

Read the Human Rights Law Centre’s Explainer: Masks, COVID-19 and human rights.

Media contact:

Michelle Bennett, Communications Director, Human Rights Law Centre, 0419 100 519

MichelleBennettHuman Rights Law & Institutions, Democratic Freedoms