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

See all articles by Sascha Dov Bachmann

Sascha Dov Bachmann

Canberra Law School; NATO SHAPE; Swedish Defence University (FHS)

Joachim Sanden

Leuphana University of Lueneburg

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

Bachmann, Sascha-Dominik Oliver Vladimir and Sanden, Joachim, 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 (September 8, 2020). 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, Available at SSRN: https://ssrn.com/abstract=3688784

NATO SHAPE ( email )

Boulevard Leopold III
Brussels, 1110
Belgium

Swedish Defence University (FHS) ( email )

114 28, Drottning Kristinas väg 37
Stockholm, 114 28
Sweden

Joachim Sanden

Leuphana University of Lueneburg ( email )

Scharnhorststraße 1
Wilschenbrucher Weg 69
Lüneburg, 21335
Germany

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