COVID-19 pandemic and derogation to human rights
Author(s) -
Audrey Lebret
Publication year - 2020
Publication title -
journal of law and the biosciences
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.904
H-Index - 18
ISSN - 2053-9711
DOI - 10.1093/jlb/lsaa015
Subject(s) - derogation , pandemic , covid-19 , virology , coronavirus infections , biology , medicine , political science , law , disease , infectious disease (medical specialty) , outbreak , pathology
Under international human rights law, States can limit the exercise of most human rights if it is necessary to protect the rights of others or collective interests. The exceptional circumstances brought by the COVID-19 global pandemic lead to more extensive, on both their scope and their duration, restrictions of human rights than in usual times. This article introduces the States’ specific right to derogate to human rights in circumstances of public emergency and the conditions of a legitimate derogation in the context of COVID-19. It argues that States must ensure that the general measures they adopt to face the crisis do not disproportionally harm vulnerable people.
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