The European Convention On Human Rights And The Covid 19 Pandemic


The European Convention On Human Rights And The Covid 19 Pandemic
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The European Convention On Human Rights And The Covid 19 Pandemic


The European Convention On Human Rights And The Covid 19 Pandemic
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Author : Ronagh J. A. McQuigg
language : en
Publisher:
Release Date : 2024

The European Convention On Human Rights And The Covid 19 Pandemic written by Ronagh J. A. McQuigg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with COVID-19 (Disease) categories.


"This book provides detailed analysis of the applicability of the provisions of the European Convention on Human Rights to issues raised by the COVID-19 pandemic. It encompasses in-depth discussion of the emerging jurisprudence of the European Court of Human Rights relating to issues arising from the pandemic. To date, a substantial number of complaints concerning such issues have been made to the Court. Human rights claims in the context of the pandemic fall into two broad categories - those based on arguments that states did not put in place sufficient measures to protect individuals from the virus; and those entailing arguments that the measures put in place themselves involved breaches of rights. The essential question with which the European Court of Human Rights must grapple is how to adjudicate on the correct balance which should have been struck. The book argues that the Court should be cautious of finding breaches of the European Convention on Human Rights in cases involving public restrictions which were applied for the purpose of protecting life and health in response to a global pandemic. If the concept of a human rights violation is defined too broadly, this dilutes the seriousness of such a breach. In particular, it is argued that to preserve the legitimacy of human rights law, the Court must be cautious of applying an overly narrow margin of appreciation in such cases. The work will be of interest to academics, researchers and policy-makers working in the area of Human Rights"--



Governing The Crisis Law Human Rights And Covid 19


Governing The Crisis Law Human Rights And Covid 19
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Author : LIT Verlag
language : en
Publisher: LIT Verlag
Release Date : 2021-01-04

Governing The Crisis Law Human Rights And Covid 19 written by LIT Verlag and has been published by LIT Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-04 with Political Science categories.


Governing the Crisis: Law, Human Rights and COVID-19 is a collection of essays by an interdisciplinary group of experts from around the world who look at different human rights issues which have emerged as relevant during the COVID-19 pandemic. The topics cover a range of issues in different countries, for example, tracing apps, digitalization, privacy, priority setting in health care, refugees, cruise ships or risks faced by children. Other chapters investigate the specific government responses in a number of countries. In addition, topics of wider legal interest are investigated, such as the role of constitutional courts, federalism and the concept of the state of emergency. Prof. Dr. Stefan Kirchner, MJI, is Research Professor of Arctic Law and the head of the Arctic Governance Research Group at the Arctic Centre of the University of Lapland in Rovaniemi, Finland.



Media Regulation During The Covid 19 Pandemic


Media Regulation During The Covid 19 Pandemic
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Author : Gergely Gosztonyi
language : en
Publisher: Ethics International Press
Release Date : 2023-05-25

Media Regulation During The Covid 19 Pandemic written by Gergely Gosztonyi and has been published by Ethics International Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-25 with Law categories.


The international COVID-19 pandemic continues to impact many people’s daily lives, and this natural phenomenon does not leave the world of media untouched either. In Central and Eastern Europe, media regulatory processes are often covert; as if governments are using the viral situation to achieve their unstated goals. Freedom of expression as a fundamental human right can quickly face severe restrictions in such cases, raising the problem of conflicting fundamental rights. Legislation, the functioning of the media system, and other media rights issues, have for several years been on the agenda in many Central and Eastern European countries. The exercise of exceptional powers has reached the region; extraordinary seems to become the norm. This edited volume aims to bring together the historical and contemporary challenges for the press, the news media, and our mediatised world. It explores the issue from the perspectives of legal history and existing law, as well as social and political science, identifying the intersections where past experience can help to address the social and regulatory challenges of the present. The main objective of the book is to make visible the links between the pandemic situation and media legislation (negative and positive), its history, its social impact, its effects on the exercise of fundamental rights, and the experience, research findings and academic positions in Central and Eastern Europe on past and current regulatory issues. It is a collection that will add greatly to contemporary research on Central and Eastern Europe, and will be of interest to researchers and scholars interested in the region, and in wider law, media and socio-political issues.



Human Rights And Disasters


Human Rights And Disasters
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Author : Silvia Venier
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-09-06

Human Rights And Disasters written by Silvia Venier and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-06 with Political Science categories.


Human Rights and Disasters provides a comprehensive analysis of the positive obligations of States under human rights law and their potential to improve protection against disasters. Silvia Venier examines the practice of international and regional human rights supervising authorities to identify emerging positive obligations and recommendations and explores how such duties interact with other applicable norms of international law in different disaster settings.



State Of Democracy Human Rights And The Rule Of Law 2021


State Of Democracy Human Rights And The Rule Of Law 2021
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2021-05-11

State Of Democracy Human Rights And The Rule Of Law 2021 written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-11 with Political Science categories.


Democracy is in distress! The Secretary General of the 47-nation Council of Europe, Marija Pejčinović Burić, has highlighted a “clear and worrying degree of democratic backsliding” in her latest annual report on the state of democracy, human rights and the rule of law across the continent. “In many cases, the problems we are seeing predate the coronavirus pandemic but there is no doubt that legitimate actions taken by national authorities in response to Covid-19 have compounded the situation. The danger is that our democratic culture will not fully recover,” said the Secretary General. “Our member states now face a choice. They can continue to permit or facilitate this democratic backsliding or they can work together to reverse this trend, to reinforce and renew European democracy and to create an environment in which human rights and the rule of law flourish. “This is the right option for the 830 million people who live in the Council of Europe area.” Based on the findings of different Council of Europe bodies, including the European Court of Human Rights, the Secretary General’s report assesses recent developments in areas including political institutions and judicial independence, freedom of expression and association, human dignity, anti-discrimination and democratic participation. The report encourages member states to use existing and future Council of Europe mechanisms to address many of the challenges identified, on the basis of the following key principles: - National authorities should return to fundamental democratic principles and recommit to Council of Europe legal standards, including the implementation of judgments from the European Court of Human Rights; - Member states should fully embrace the multilateralism embodied by the Council of Europe for more than 70 years; - Covid-related restrictions and measures must not only be necessary and proportionate, but also limited in duration; - National authorities should embrace democratic culture, recognising where their words, activities or legislation have diminished that culture by reducing civic space, by intimidating or preventing individuals, organisations and NGOs from exercising their freedom of speech or assembly, or by excluding people from participating fully in society.



Governing The Crisis Law Human Rights And Covid 19


Governing The Crisis Law Human Rights And Covid 19
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Author : Stefan Kirchner
language : en
Publisher: LIT Verlag Münster
Release Date : 2021-05-06

Governing The Crisis Law Human Rights And Covid 19 written by Stefan Kirchner and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-06 with categories.


Governing the Crisis: Law, Human Rights and COVID-19 is a collection of essays by an interdisciplinary group of experts from around the world who look at different human rights issues which have emerged as relevant during the COVID-19 pandemic. The topics cover a range of issues in different countries, for example, tracing apps, digitalization, privacy, priority setting in health care, refugees, cruise ships or risks faced by children. Other chapters investigate the specific government responses in a number of countries. In addition, topics of wider legal interest are investigated, such as the role of constitutional courts, federalism and the concept of the state of emergency.



Global Pandemic Security And Human Rights


Global Pandemic Security And Human Rights
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Author : Ben Stanford
language : en
Publisher: Routledge
Release Date : 2021-12-29

Global Pandemic Security And Human Rights written by Ben Stanford and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-29 with Law categories.


This book presents an international and comparative exploration of how the COVID-19 global pandemic has affected and impacted on issues of human rights, security, and law. Throughout the world, the COVID-19 global pandemic has fundamentally impacted and altered our way of life. As this book sets out, all states have had to contend with similar challenges as well as competing interests and obligations affecting human rights and security. These challenges present very few simple choices but nonetheless carry enormous consequences. Organised into two thematic and distinct yet interrelated parts, first on theoretical and practical challenges for human rights and second on threats to personal, collective, and global security, the book examines how the ability of states to safeguard our fundamental rights and security, broadly defined, has been challenged. Questions about the legality and legal impact of recent responses to COVID-19 will persist for some time. It is often said that global problems require coordinated global solutions, but the various responses to the pandemic by states suggest a notable lack of a consensus amongst the international community. The book will be of interest to academics and researchers working in the areas of human rights law and security law. It will also appeal to constitutional lawyers, given the nature of law-making and the challenge of ensuring adequate scrutiny in emergency situations as well as the impact of COVID-19 upon the legal framework more generally. It will provide a valuable resource for policymakers, practitioners, and public servants.



Covid 19 Law Regulation


Covid 19 Law Regulation
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Author : Belinda Bennett
language : en
Publisher: Oxford University Press
Release Date : 2022-12-21

Covid 19 Law Regulation written by Belinda Bennett and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-21 with Law categories.


COVID-19 is the most severe pandemic the world has experienced in a century. This book analyses major legal and regulatory responses internationally to COVID-19, and the impact the pandemic has had on human rights and freedoms, governance, the obligations of states and individuals, as well the role of the World Health Organization and other international bodies during this time. The authors examine notable legal challenges to public health measures enforced during the pandemic, such as lockdown orders, curfews, and vaccine mandates. Importantly, the book contextualizes the legal analysis by examining the broader social and economic dimensions of risks posed by the pandemic. The book considers how COVID-19 impacted the operation of the criminal justice system, civil litigation concerning negligently caused deaths and business losses arising from contractual breaches, consumer protection litigation, disciplinary regulation of health practitioners, coronial inquests and other investigations of unexpected deaths, and occupational health and safety issues. The book reflects on the role of the law in facilitating the remarkable scientific and epidemiological achievements during the pandemic, but also the challenges of ensuring the swift production and equitable distribution of treatments and vaccines. It concludes by considering the possibilities that the legal and regulatory responses to this pandemic have illuminated for effectively tackling future global health crises.



The Limits Of Human Rights


The Limits Of Human Rights
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Author : Bardo Fassbender
language : en
Publisher: Oxford University Press
Release Date : 2019-11-21

The Limits Of Human Rights written by Bardo Fassbender and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-21 with Law categories.


What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.



Global Pandemics And International Law


Global Pandemics And International Law
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Author : Ilja Pavone
language : en
Publisher: Taylor & Francis
Release Date : 2023-12-01

Global Pandemics And International Law written by Ilja Pavone and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-01 with Law categories.


This book reviews the efficacy of Global Health Law, assessing why its legal framework based on the International Health Regulations did not represent a valid tool in the containment of modern global pandemics such as COVID-19. The book provides an introduction to the international legal framework surrounding epidemics and pandemics and the main global governance issues that have been generated by the COVID-19 outbreak. It highlights the main shortcomings of Global Health Law, while also including practical proposals to improve the WHO’s mechanism to prevent and respond to future disease outbreaks, such as the New Pandemic Treaty. Emphasis is placed on what has not worked in the international, regional and national responses to COVID-19. It is argued that the pandemic has shed light on the weaknesses of global and domestic health law. By identifying legal gaps and providing legal arguments, the book contributes to the historical and conceptual foundation as well as the practical development of international law in the new age of COVID-19, with the ultimate goal of stimulating legal reform in this vital new era. The work will be essential reading for academics, researchers and policy-makers working in International Law, Health Law, Environmental Law, Human Rights Law, Biolaw, and the Law of International Organizations.