Human rights-based framework for analyzing restrictions during the Covid-19 health crisis
Hajer GUELDICH, Mustapaha MERIZEK
Abstract
In the field of human rights, the restriction taken by the State of certain rights is possible, under certain conditions, of course, but certain rights - called absolute - are not liable to be subject to any dispensation: such as the right for life, security of the person, are not subject to acts of torture…). In addition, the Convention on the Rights of the Child or the International Covenant on Economic, Social and Cultural Rights, for example, does not stipulate the possibility of dispensation. Any exceptions are subject to conditions: the exigencies must strictly require the existence of a public emergency endangering the life of the nation; the measures adopted of the situation; the measures must not be discriminatory based on race, colour, sex, religion, language, social origin and the derogation dispensation must be notified to the other member states of the instrument concerned.
Thus, four principles are essential to respect while taking such restrictive measures:
- Legitimacy: the objective of the restriction must be recognized as legitimate (the existence of a national emergency endangering the life of the nation).
- Legality: the regime under which the restriction was imposed must be legal and transparent.
- Necessity: each measure taken must be strictly necessary for the stated objective.
- Proportionality: the measures taken must remain proportional to the achievement of the stated objective; in particular, the limitations should be limited in time.
Keywords
References
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Submitted date:
03/12/2021
Accepted date:
03/12/2021
Publication date:
03/29/2021
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