COVID-19 And The Duty of A State to Protect the Public’s Health and Security During A Pandemic - A European Convention on Human Rights Perspective
Bachmann, S., & Sanden, J. (2020). State responsibility for the (public) right to health and security in times of covid pandemic: european perspective. Indonesian Journal of International & Comparative Law, 7(3), 407-430
19 Pages Posted: 17 Sep 2020 Last revised: 6 Jan 2021
Date Written: September 8, 2020
Abstract
This article discusses the consequences of the broader concept of health as a security concept under the applicable law of the European Convention on Human Rights (ECHR) in the case of serious threats of to public health. Based on judgments by the European Court of Human Rights, a positive obligation of the Member States to act proactively towards health protection can be extracted from Article 5 (1) ECHR (liberty and security). The authors explore the scope of this provision in times of a public health emergency like a pandemic, a prolonged natural hazard or bio-terrorism to protect a citizen´s health and life. This article has particular relevance before the present global Coronavirus (COVID-19) pandemic. It argues in favour of a government’s right and duty to keep its citizens safe from harm by providing an ECHR perspective on governmental duties to act in a proactive way when dealing with public health emergencies while at the same time balancing its human rights obligations
Keywords: Human Rights, European Convention on Human Rights, European Court of Human Rights, Bio-terrorism, Heath Emergency, Health, State Responsibility, Pandemic, COVID, COVID-19
JEL Classification: K33,K19, K32
Suggested Citation: Suggested Citation