THE PRINCIPLE OF RECIPROCITY IN HUMAN RIGHTS LIMITATIONS: A PERSPECTIVE ON INDONESIA’S RESPONSE TO COVID-19

Abstract

As COVID-19 continues to spread globally, States are conducting containment measures such as quarantines and social-distancing to limit its spread, often at the cost of economical loss and human rights exercise impediments to its citizens. This Article investigates the principle of reciprocity, which originated in discourses on ethics and public health, and is now gaining traction in international human rights discussions. The Article looks into how the principle of reciprocity imposes an obligation for States to alleviate the economical and human rights exercise impediments caused through imposition of legitimate right-limiting measures: including COVID-19. Finally, the article analyses the impact of economical constraints towards the full implementation of reciprocity. This will yield better understanding of the consideration of States when choosing between differing right-limiting measures.