The role of state authorities in ensuring human rights during restrictions in the pandemic period: a comparative analysis of the experience of foreign countries

Author:

Voloshyn Yuriy1,Holovatenko Marina1ORCID

Affiliation:

1. National Aviation University

Abstract

The Covid-19 pandemic, which began in 2019, has become the main cause of global crises in modern history, causing serious concerns for the health and lives of people, as well as for the functioning of society. One of the most difficult aspects of fighting the pandemic has been finding a balance between protecting public health and preserving the rights and freedoms of citizens. This article examines the experience of foreign state authorities in implementing mechanisms for restricting human and citizen rights and freedoms during the pandemic and quarantine measures. Attempts to control the spread of Covid-19 have contributed to the introduction of various restrictions and quarantine measures in many countries around the world. However, these measures became the object of debate and criticism, after which they affected a number of basic rights and freedoms of citizens, such as the right to freedom of movement, the right to work, the right to education, freedom of information and others. One of the main conclusions that can be drawn from the experience of foreign countries is the importance of proportionality and limitation of restrictions introduced in connection with the pandemic. Many countries have tried to maintain a balance between restrictions and the rights of citizens, recognizing that such restrictions must be necessary, proportionate and limited in time and scope. Some countries have successfully implemented mechanisms for periodic review and analysis of restrictions to ensure their adequacy and necessity. An important aspect of the experience of foreign countries was attention to the protection of the basic rights and freedoms of citizens. Many countries took human rights into account when developing and implementing strategies to combat the pandemic. For example, the right to health care and the right to access information about the pandemic were recognized as key components of the fight against the crisis. Public participation also played an important role in the experience of foreign countries. Some countries involved non-governmental organizations and citizens in decision-making on restrictions, which contributed to greater legitimacy and respect for citizens' rights. In addition, the experience of foreign countries has shown the importance of developing strategies for exiting quarantine measures. The gradual relaxation of restrictions and the establishment of clear criteria for this were key to successful adaptation to the new reality. Key words: рandemic, state authorities, Covid-19, restrictions on the rights and freedoms of citizens, human rights, quarantine measures.

Publisher

The National School of Judges of Ukraine

Subject

General Earth and Planetary Sciences,General Environmental Science

Reference18 articles.

1. Notifications under Article 15 of the Convention in the context of the COVID 19 pandemic. Status as of 13 October 2020 URL: https://www.coe.int/en/web/conventions/ full-list/-/ conventions/webContent/62111354

2. COVID-19 situation update for the EU/EEA and the UK URL: https://www.ecdc.europa.eu/en/cases-2019-ncov-eueea

3. European Commission. Italy. Details of Italy's support measures to help citizens and companies during the significant economic impact of the coronavirus pandemic URL: https://ec.europa.eu/info/livework-travel-eu/health/coronavirus-response/jobs-and-economy-duringcoronavirus-pandemic/state-aid-cases/italy_en

4. European Commission. France. Details of France's support measures to help citizens and companies during the significant economic impact of the coronavirus pandemic URL: https://ec.europa.eu/info/livework-travel-eu/health/coronavirus-response/jobs-and-economy-duringcoronavirus-pandemic/state-aid-cases/france_en

5. Preferred Citation: E Chambas, T Perroud, France: Legal Response to Covid-19, in Jeff King and Octávio LM Ferraz et al (eds), The Oxford Compendium of National Legal Responses to Covid-19 (OUP 2021). URL: 10.1093/law-occ19/e9.013.9

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