The European Convention on Human Rights and the COVID-19 Pandemic

This book examines the applicability of the European Convention on Human Rights to issues raised by the COVID-19 pandemic, including arguments that states did not take sufficient measures to protect individuals from the virus and that the measures put in place violated rights. It argues that the European Court of Human Rights should be cautious of finding breaches of the Convention in cases involving public restrictions applied to protect life and health, and that the Court must apply an overly narrow margin of appreciation to preserve the legitimacy of human rights law.

Format: Hardback
Length: 108 pages
Publication date: 16 January 2024
Publisher: Taylor & Francis Ltd

This comprehensive book delves into a detailed examination of the applicability of the provisions of the European Convention on Human Rights to the challenges posed by the COVID-19 pandemic. It encompasses a thorough exploration of the evolving jurisprudence of the European Court of Human Rights in addressing issues arising from this global crisis. To date, a significant number of complaints concerning such matters have been submitted to the Court. Human rights claims in the context of the pandemic can be broadly categorized into two main groups: those based on arguments that states failed to implement sufficient measures to safeguard individuals from the virus, and those involving claims that the implemented measures themselves violated rights. The central question that the European Court of Human Rights must grapple with is determining the appropriate balance that should have been struck. The book posits that the Court should exercise caution when finding breaches of the European Convention on Human Rights in cases involving public restrictions imposed to protect life and health in response to a global pandemic. If the concept of a human rights violation is defined too broadly, it undermines the gravity of such violations. Specifically, it is argued that to maintain the legitimacy of human rights law, the Court must be wary of applying an overly narrow margin of appreciation in such situations. This work will appeal to academics, researchers, and policymakers engaged in the field of human rights.

Weight: 256g
Dimension: 144 x 225 x 12 (mm)
ISBN-13: 9781032468068