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Title: | Measures to Counter the COVID-19 Pandemic and the Permissibility of Human Rights Restrictions |
Other Titles: | ЗАХОДИ ПРОТИДІЇ ПАНДЕМІЇ COVID-19 ТА ДОПУСТИМІСТЬ ОБМЕЖЕНЬ ПРАВ ЛЮДИНИ |
Authors: | Менджул, Марія Василівна |
Keywords: | COVID-19, pandemic, human, rights, proportionality, ECtHR |
Issue Date: | May-2021 |
Publisher: | УжНУ |
Citation: | Mariya Mendzhul. Measures to Counter the COVID-19 Pandemic and the Permissibility of Human Rights Restrictions. Конституційно-правові академічні студії. 2021. Випуск 1. С. 26-34. |
Abstract: | 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 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 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. |
Type: | Text |
Publication type: | Стаття |
URI: | https://dspace.uzhnu.edu.ua/jspui/handle/lib/36808 |
Appears in Collections: | Наукові публікації кафедри цивільного права та процесу |
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