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Derogations from the ICCPR and Guide to the Duty of Notification: Apropos the COVID-19 Pandemic

Derogations from the ICCPR and Guide to the Duty of Notification: Apropos the COVID-19 Pandemic Derogations from the ICCPR and Guide to the Duty of Notification: Apropos the COVID-19 Pandemic * ** Veronika Haász and Melinda Szappanyos 1. Introduction On 30 January 2020, ‘WHO Director-General Dr Tedros Adhanom Ghe- breyesus declared the 2019-nCoV outbreak a Public Health Emergency of International Concern’ , marking a new era of restriction on human rights worldwide. While some human rights are absolute, the enjoyment of others can be restricted under special circumstances. Undoubtedly, the current COVID-19 pandemic altered the normal operation of states that ‘must act quickly and decisively to protect the fundamental interests of the state and society’ and resulted in the official proclamation of a state of emergency in several countries that may ‘involve both derogations from normal human rights standards and alterations in the arrangement of functions and powers among the branches of the state’. Before analysing the current situation, we need to clarify some legal theoretical definitions. A state of emergency is an exceptional and – most often – temporary situation declared according to the regulations of domestic Independent Human Rights Consultant and NHRI Specialist, PhD in International Law (University of Vienna), LLM in International Human Rights and Humanitar- ian Law (European University Viadrina), http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Austrian Review of International and European Law Online Brill

Derogations from the ICCPR and Guide to the Duty of Notification: Apropos the COVID-19 Pandemic

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
1573-6512
DOI
10.1163/15736512-02501002
Publisher site
See Article on Publisher Site

Abstract

Derogations from the ICCPR and Guide to the Duty of Notification: Apropos the COVID-19 Pandemic * ** Veronika Haász and Melinda Szappanyos 1. Introduction On 30 January 2020, ‘WHO Director-General Dr Tedros Adhanom Ghe- breyesus declared the 2019-nCoV outbreak a Public Health Emergency of International Concern’ , marking a new era of restriction on human rights worldwide. While some human rights are absolute, the enjoyment of others can be restricted under special circumstances. Undoubtedly, the current COVID-19 pandemic altered the normal operation of states that ‘must act quickly and decisively to protect the fundamental interests of the state and society’ and resulted in the official proclamation of a state of emergency in several countries that may ‘involve both derogations from normal human rights standards and alterations in the arrangement of functions and powers among the branches of the state’. Before analysing the current situation, we need to clarify some legal theoretical definitions. A state of emergency is an exceptional and – most often – temporary situation declared according to the regulations of domestic Independent Human Rights Consultant and NHRI Specialist, PhD in International Law (University of Vienna), LLM in International Human Rights and Humanitar- ian Law (European University Viadrina),

Journal

Austrian Review of International and European Law OnlineBrill

Published: Jul 12, 2022

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