Abstract

During the COVID-19 pandemic, the protection of public health became a political priority worldwide. Slovakia’s COVID-19 response was initially praised as a global success. However, major rights restrictions were introduced in spring 2020, with some of these endorsed by the parliament. This article uses Rossiter’s and Schmitt’s concepts of the exception and Agamben’s distinction between life and survival to highlight the risks pertaining to the framing of the protection of public health as contradictory to human rights guarantees. It investigates how human rights were discussed by Slovak parliamentarians in relation to key legislation, that introduced a COVID-19 contact tracing app and allowed repeated prolongation of health emergencies by the executive with parliamentary approval. The findings indicate that democratic parliamentarians prioritized public health considerations framed in terms of security and effectiveness rather than rights, dissociating biological survival from political life. In contrast, extreme political actors became outspoken critics of emergencies, referring to human rights. As such, the deliberations represent a missed opportunity by democratic legislators to justify public health protection via a human rights lens and risk undermining democracy in Slovakia.

Highlights

  • The COVID-19 pandemic has put unprecedented pressure on state institutions.The need for swift measures challenged institutions where decision making is collective and a result of deliberations which benefit from the passing of sufficient time between the introduction of a proposal or petition and the final decision

  • The challenges include the shortage of time to decide cases, the practical difficulties of deliberation during lockdown or the new types of situations without a precedent in the institutions’ memories

  • For Slovakia in particular, the findings show the need for more well-reasoned interventions by democratic legislators, utilizing relevant comparative, data-driven references and conceptual arguments

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Summary

Introduction

The need for swift measures challenged institutions where decision making is collective and a result of deliberations which benefit from the passing of sufficient time between the introduction of a proposal or petition and the final decision. Vigilant parliaments and courts preventing the concentration of power are essential, to mitigate the capacities of states of emergency to undermine democracy (Grogan 2020). One way for them to do so is to demand justifications for the executive actions and scrutinize proposals bolstering executive power. In this process, they have the capacities to consider the diverse impacts of the measures introduced under the pretext of the public health imperative and the protection of the (biological) survival of different constituencies belonging to the ‘people’ (Seedhouse 2020)

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