Human Rights Derogation in Times of Emergency of Covid-19

The Covid-19 pandemic has prompted governments around the world to take restrictive measures against the pandemic, also the governments around the world have been challenged to respect human rights, democracy and the rule of law in the fight against the pandemic. In an effort to deal with the immediate catastrophic effects of the virus, nations have resorted to various measures, including restricting freedom of movement and closing national borders. Under international human rights law, states can restrict the exercise of most human rights if it is necessary to protect the rights of others or collective interests. The paper aims to make an analysis and presentation of the exceptional circumstances caused by the global pandemic Covid-19, that are leading to human rights restrictions in emergency time, varying in scope and duration. The authors will also provide a theoretical overview of the derogation according to the European Convention on Human Rights (ECHR) that can apply ‘in times of war or other public emergency threatening the life of the nation’. More recent legal instruments usually do not refer to ‘war’ but contain similar reference to public emergency. The authors also presented the specific right of states to deviate from human rights in conditions of public emergency and conditions of legitimate deviation in the context of Covid-19. At the end of the paper, conclusions and recommendations are given, that the respect for human rights during the Covid19 pandemic calls for multilateral cooperation and solidarity at all levels. Within states, measures to combat the pandemic should be motivated by the conviction of all people to contribute to preventing the virus’ spread, while states must stand by those most at risk. All states in Europe, whether they are members of the Council of Europe or the European Union, have committed to upholding human rights, democracy and the rule of law, including under the European Convention on Human Rights, the EU Charter of Fundamental Rights and UN treaties