With the emergence of COVID-19 this brought about changes in teaching and learning worldwide. In most parts of the world including South Africa students were sent home in March 2020 and learning was moved to an online virtual learning environment. In the process, the government implemented various stringent measures to flatten the curve of new infections, reduce death and strengthen the ability of the public health system to deal with the pandemic. This column draws from the capabilities approach to examine how such restrictions and policies interact with human rights and advanced or limited the implementation of the curriculum during the onset of COVID-19. The paper suggests ways of balancing curriculum implementation in online and contact contexts and how respect for human rights could be enhanced during pandemics.