The Victorian Equal Opportunity and Human Rights Commission has issued a statement assuring the community that the requirement to wear a facemask during the coronavirus pandemic does not breach people’s human rights.
“In recent days, we’ve heard a number of reports of people stating that the requirement to wear a face mask or covering in metropolitan Melbourne or Mitchell Shire is a breach of their human rights,” the Commission said.
“However, this is a lawful directive that does not violate any rights set out under Victorian or international human rights law,” it said.
“The requirement for residents to wear a face mask or covering when leaving the house for any of the four permitted reasons is a lawful directive that does not violate any rights set out under Victoria’s Charter of Human Rights and Responsibilities or any international human rights instruments.”
The Commission said the Victorian Charter of Human Rights requires public authorities, such as Victoria Police and the Department for Health and Human Services, to take proactive steps to safeguard rights, which include the right to life.
“Directions given to wear a face covering, and to ensure compliance with this directive, are appropriate steps being taken to protect the health of all Victorians, and are in keeping with the human rights responsibilities of these organisations,” it said.
“There are however some exceptions to this requirement – for example, if you have a relevant medical condition that affects your ability to wear a mask.”
It said exceptions to the requirement could include a medical condition that made it difficult to breathe, a serious skin condition, a disability, or mental health condition.
“There are also exceptions if you are communicating with a person with a hearing impairment, where they need to be able to see your mouth for communication; and if you are involved in strenuous exercise such as jogging, running or cycling,” the Commission said.
