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Policy Brief: Rule of Law and COVID-19

Date of Publication: 
Tuesday, September 8, 2020
About This Publication: 

The COVID-19 pandemic has affected every part of the world. The effectiveness of government measures to contain the pandemic and Build Back Better depends upon the capacity of public institutions and their leadership to provide transparent, effective, and accountable actions, in compliance with the rule of law.

With its emphasis on rule of law as an enabler of peace, justice and inclusion, Sustainable Development Goal (SDG) 16 of the 2030 Agenda for Sustainable Development can help promote stronger institutions, more successful government action and reduced inequalities for preventing and mitigating disease outbreaks such as COVID-19.

IDLO’s Policy Brief: Rule of Law and COVID-19 highlights three key elements - enabling legal frameworks, mitigating impact and continued investment in a culture of justice - essential for a rule of law-based response to the pandemic. It recommends eight priority actions that governments, policymakers and practitioners can take to support and effectively manage the crisis, protect the most vulnerable and promote a just, inclusive and sustainable recovery:

  1. Foster participation, involve and empower individuals in decision-making processes
  2. Ensure that emergency restrictions are anchored in the rule of law
  3. Promote fair laws and policies for recovery
  4. Invest in justice services and expand legal aid
  5. Foster equitable justice innovation
  6. Engage with alternative dispute resolution and customary and informal justice in line with international standards
  7. Enhance justice for women and girls
  8. Promote a renewed spirit of multilater­alism in alignment with the SDGs

As the only global intergovernmental organization exclusively devoted to promoting the rule of law and advancing its contribution to peacebuilding and sustainable development, IDLO believes that the rule of law is an enabler of peace, justice and inclusion, and can help promote stronger institutions, more successful government action and reduced inequalities and contribute to preventing and mitigating disease outbreaks such as COVID-19.

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