Локдаун как способ реагирования на пандемию COVID-19: анализ в контексте Европейской конвенции о защите прав человека

Abstract

During the COVID-19 pandemic public authorities have to implement a variety of measures to counter the spread of the disease, many of which involve human rights restrictions. One of the most common and at the same time sensitive way to respond to a pandemic is so-called lockdown. This term does not have a strict legal meaning; it covers a system of measures aimed at reducing social interactions between people. These measures include the requirement to maintain a “social distance” and not to leave home unless necessary, strict isolation for certain population groups, prohibition of various mass events and closure of many organizations, restriction of transport links between states and regions within the country. Based on the analysis of the case law of the European Court of Human Rights, the author discusses the problems of compatibility of these restrictions with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms. Most of these measures can be justified in accordance with the Convention if they are taken in order to prevent the spread of coronavirus and protect public health, if they are lawful and reasonable in the context of epidemiological situation and proportionality (not excessiveness). Moreover, the implementation these measures can be considered as the fulfilment of the positive obligations by the countries-members of the Convention to protect the lives of persons under their jurisdiction.