Open AccessHuman Rights and SARS-CoV-2 – some observations on Public Emergency threating the Life of the Nation
Author(s) -
Joanna Połatyńska
Publication year - 2022
Publication title -
civitas hominibus
Language(s) - English
Resource type - Journals
eISSN - 2391-5145
pISSN - 1896-1819
DOI - 10.25312/2391-5145.16/2021_06jp
Subject(s) - derogation , principle of legality , human rights , scrutiny , state of emergency , political science , law , pandemic , covid-19 , law and economics , sociology , medicine , politics , disease , pathology , infectious disease (medical specialty)
This paper tackles the issue of derogation of State’s international obligations in the field of human rights protection. Although derogation clauses are often included in human rights treaties, their application is regarded as an exception rather than a rule and undergo strict scrutiny as to their legality. It is universally acknowledged that such derogation is allowed in the most severe of circumstances, usually referred as “war or other public emergency threatening the life of the nation”. The Author therefore considers whether the global COVID-19 pandemic might be categorized as such and thereby justify the measures undertaken by States to stop the spread of the coronavirus. Keywords: human rights, ECHR, public emergency, derogation of human rights, SARS-CoV-2, threat to the life of the nation