REACTION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS CONTRACTING PARTIES TO THE COVID-19 PANDEMIC

Abstract

The Covid-19 pandemic caused serious human rights limitations in the Member States of the
Council of Europe (CoE). Article 15 of the European Convention on Human Rights (ECHR)
affords states the possibility of derogating from their obligations to secure certain rights and
freedoms. This paper will explore the origin of Article 15 and the circumstances under which the
States can derogate from their obligations. Particular focus will be dedicated to explaining the
notion - state of emergency - and discussion if the threat posed by Covid 19 can be considered
exceptional. Also, the author will analyze the material and procedural requirements of Article 15
and their interpretation given by the ECtHR in its jurisprudence, identifying grounded principles
in this area. It will be particularly emphasized that the risk to life and the heavy burden on health
services caused by Covid 19 have not been a feature of applications submitted to the Court.
The author will also analyze the attitude of 10 CoE Member States that declared the state of
emergency and their compliance with the Convention, especially with the procedural requirement.
It will be underlined that all CoE states have adopted very similar measures. Still, the majority of
them decided to restrict certain rights and freedoms without declaring a state of emergency. Thus,
this situation opens the debate of the necessity of proclamation of the state of emergency, as
derogation carries a grave risk of being abused. Therefore, the author argues that more precise
guidance on differences between human rights restrictions and limitations is necessary.