Measures to counter the COVID-19 pandemic and the permissibility of human rights restrictions
Measures to counter the COVID-19 pandemic and the permissibility of human rights restrictions
Blog Article
Following the declaration of a pandemic caused by the SARS-CoV-2 virus, the EU and Ukraine have taken various measures to prevent infection and protect the health of citizens, including: mandatory obervation (most countries); introduction of the rules of responsibitity for violation of quarantine restrictions (usually administrative, but criminal liability is also possible); closure of educational and entertainment facilities, as well as public Eyewear Case catering establishments (remote operation of educational facilities is allowed, as well as operation of public catering establishments with food delivery); obligation to wear masks; prohibition of movement of groups of persons; maximum transfer of employees to remote work; ban on operation of most companies (introduced by Italy and Spain); closing borders; curfew (introduced in Italy, Spain and Georgia); self-isolation of persons belonging to risk groups.Ukraine has implemented all these measures, except for curfew and closure of all enterprises.Implemented measures in most countries have restricted: freedom of movement and peaceful assembly of citizens; the right to private and family life; protection of personal data; freedom of religion (most European countries and Ukraine have banned services and other religious ceremonies with gatherings); the right to medical care (in many countries, citizens have limited access to non-life-saving medical services, including dental, preventive medical services, non-urgent operations, etc.) and others.In the context of the fight against the COVID-19 pandemic, states relied on various types of measures, which allowed us to distinguish three models: "hard" model (USA and most European Bosch DWK97JQ60B Serie 6 Built In 89cm 3 Speeds A Chimney Cooker Hood Black countries and Ukraine); the "minimum intervention" model (introduced in South Korea); the "maximum public awareness" model (in Sweden).
The question of the proportionality of measures taken by the state to counter the COVID-19 pandemic may be considered by the ECtHR regardless of whether the state has made a declaration of derogation, and the establishment of a violation of a particular right will depend on the specific situation in the country, scope and length of applied measures, as well as their feasibility and effectiveness.