COVID-19 and States of Emergency: Dissecting Covid-19 Derogations

"Does the pandemic require derogation from human rights treaties? This question has sparked significant debate, notably spurred by Alan Greene’s provocative argument that failing to derogate would denature ordinary human rights law and leave the start and end points of the crisis unclear. Others disagree: Scheinin argues the principle of normalcy, contained in General Comment 29, should continue to apply."

"Only where ordinary human rights provide inadequate flexibility should derogation be considered, and even then the principle should continue to limit the derogations...

This post seeks to complement this debate in two ways. First, it will summarise the state practice during this crisis, mapping the derogations to date from European, American and international human rights systems (I). Second, it will draw some tentative conclusions from this practice (II)."

COVID 19 and States of Emergency: Dissecting Covid-19 Derogations (Verfassungsblog, link)


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