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

Sanja Jovičić

doi:10.1007/s12027-020-00630-w

Abstract

The 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.

Highlights

The current COVID-19 pandemic has strained the global economy and limited some of most important human rights and fundamental freedoms in democratic societies
In A. and Others and in Kavala, the emergency legislation at issue had been used by the respondent Governments in bad faith for purposes other than those initially claimed, even for the purposes of impeding the work of human rights defenders and cramping the application of the Convention
The Court adopted a strict interpretation of any restrictions imposed on human rights during public emergencies and clearly delimited the State Parties’ power, whereby the respect of non-derogable rights in Art. 15(2) of the Convention had to be ensured at all times, and respect of all other Convention rights to a minimum extent

Summary

Introduction

The current COVID-19 pandemic has strained the global economy and limited some of most important human rights and fundamental freedoms in democratic societies. The aim of this article is to examine the restrictions imposed by European States during the COVID-19 pandemic in the light of the European Convention of Human Rights and Fundamental Freedoms. 2 Limitations and derogations in time of emergency under the European Court of Human Rights case-law. Between March and April 2020, ten States Parties to the Convention notified the Secretary General of the Council of Europe of a derogation with respect to the COVID-19 pandemic: Latvia, Romania, Armenia, the Republic of Moldova, Estonia, Georgia, Albania, North Macedonia, Serbia and San Marino.. I will try answer these questions by examining the case-law of the Court applicable in public emergencies with and without a derogation under Art. 15 of the Convention. I will focus only on paragraph 1 of Art. 15

The existence of a public emergency

Strictly required by the exigencies of the situation

The assessment of public emergencies without a derogation

Conclusion