COVID-19 restrictions on human rights in the light of the case-law of the European Court of Human Rights

ERA Forum - Tập 21 Số 4 - Trang 545-560 - 2021
Sanja Jovičić1
1Academy of European Law, Trier, Germany

Tóm tắt

AbstractThe aim of this article is to examine the restrictions imposed by European States on individual human rights during the COVID-19 pandemic in the light of the European Convention of Human Rights and Fundamental Freedoms. After an overview of the development of the case-law of the European Court of Human Rights on public emergencies and Article 15 of the Convention, the article will examine how the Court’s case-law could be applied to the current sanitary situation.

Từ khóa


Tài liệu tham khảo

Committee of Ministers Declaration on the COVID-19 pandemic, 22 April 2020, available at: https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016809e33dd

Commissioner for Human Rights Statement of 3 June 2020, available at: https://www.coe.int/en/web/commissioner/-/effectively-responding-to-a-sanitary-crisis-in-full-respect-for-human-rights-and-the-principles-of-democracy-and-the-rule-of-law

Council of Europe, Preparatory work on Article 15 of the European Convention on Human Rights. Strasbourg, 27 January 1977, available at: https://www.echr.coe.int/LibraryDocs/Travaux/ECHRTravaux-ART15-CDH(77)5-BIL1338902.pdf

Doswald-Beck, L.: Human Rights in Times of Armed Conflict and Terrorism. Oxford University Press, Oxford (2011)

Harris, D.J., O’Boyle, M., Bates, E.P., Buckley, C.M.: Law of the European Convention on Human Rights, 2nd edn. Oxford University Press, Oxford (2009)

Secretary General of the Council of Europe, Respecting democracy, rule of law and human rights in the framework of the COVID-19 sanitary crisis, A toolkit for member states, SG/Inf(2020)11, 7 April 2020, available at: https://rm.coe.int/sg-inf-2020-11-respecting-democracy-rule-of-law-and-human-rights-in-th/16809e1f40