Announcement: Webinar “Human Rights of Migrants, COVID 19 and the ECHR” (2 June 2020)

We’re looking forward to the fourth webinar from the #HRvsCOVID series on 2 June 2020 (5 pm CET, 4 pm UK time). The webinar will address the question of the human rights of migrants in the context of COVID-19. Here is the announcement of the upcoming webinar:

 Human Rights of Migrants, COVID 19 and the ECHR 

Webinar 

2 June 2020

5 pm CET/4 pm BTS 

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Access to healthcare and social distance during COVID pandemic cannot stop at the prison gate

By Maïté De Rue

Because they are often very populated places with poor living conditions, prisons present a high risk of contamination in a period of pandemic such as COVID-19. A number of countries have taken measures to decrease pressure on penitentiary institutions by releasing prisoners or decreasing the number of new arrivals. This approach is with no doubt an essential one, especially in light of overcrowding that characterizes many prisons around the world. However, this is not the only measure that States must take to respond to the health crisis, as many people will stay in prison. They have also the duty to organize the protection of health and life of prisoners.

What does such obligation concretely entail when facing a pandemic? The norms and standards developed by the Council of Europe, and in particular by the Court and the European Committee for the prevention of torture (CPT), and by the United Nations can help to answer this question and to define the main duties that define State obligations with regards to protecting prisoners against COVID-19. Continue reading

Herd Immunity and Lockdown: The Legitimacy of National Policies Against the Pandemic and Judicial Self-Restraint by the ECtHR

By Dr Vassilis P. Tzevelekos, Senior lecturer in Law, University of Liverpool School of Law and Social Justice; Editor-in-chief of the European Convention on Human Rights Law Review

The ongoing pandemic and the measures adopted to protect human life/health in response to the coronavirus seriously affect the enjoyment of fundamental human rights. The COVID-19 outbreak has led a number of states to derogate from their international human rights obligations. Other states have not (yet) formally derogated, but they have passed emergency legislation restricting rights through the usual means that are available within their domestic legal orders (for instance, regarding the author’s home country, see Karavokyris). This trend raises a number of interesting questions as to whether emergency laws amount to an unnotified, de facto derogation or whether states should declare a state of emergency (Greene, Scheinin). More generally, questions regarding the modalities (Istrefi, Holcroft-Emmess) and the lawfulness of derogations have arisen. Irrespective of whether restrictions to qualified/derogable human rights are made on the basis of a derogation clause contained in an international human rights instrument (such as Article 15 ECHR) or through the habitual route of ‘everyday life’ limitations, in both cases restrictions must ultimately satisfy the proportionality test. Proportionality is thus a common denominator. Continue reading

Indiscriminate Covid-19 location tracking (Part II): Can pandemic-related derogations be an opportunity to circumvent Strasbourg’s scrutiny?

By Ilia Siatitsa and Ioannis Kouvakas

Yesterday, we argued that blanket mobile phone location tracking measures that aim at containing the spread of the Covid-19 pandemic cannot be regarded as strictly necessary due to their indiscriminate nature and the existence of less intrusive alternatives with potentially similar effectiveness. In this second blog post, we reflect on whether states could derogate from Article 8 in order to impose indiscriminate location tracking.

As of 24 April 2020, ten states, i.e. Albania, Armenia, Estonia, Georgia, Latvia, Moldova, North Macedonia, Romania, San Marino and Serbia have officially derogated from their obligations under the European Convention on Human Rights (ECHR) citing the public health emergency posed by the pandemic, while a domestic court has also attempted to do so on behalf of the United Kingdom! Six of these states Albania, Estonia, Georgia, Latvia, North Macedonia and Romania – have explicitly included Article 8 (or the respective constitutional right) in the list of Articles they have chosen to derogate from. Continue reading

Indiscriminate Covid-19 location tracking (Part I): Necessary in a democratic society?

By Ilia Siatitsa and Ioannis Kouvakas

In his recent interview on The Intercept, Edward Snowden questioned whether the measures implemented by authorities amid the pandemic are necessary to safeguard people, as well as, whether the pandemic is seen by governments as just another opportunity to make us acquiesce to mass surveillance. In a scramble to track, and thereby stem the flow of new cases of Covid-19, governments around the world are rushing to track the locations of their populace. One way to do this is to leverage the metadata, including location data, held by mobile service providers (telecommunications companies) in order to track the movements of a population, as seen in Italy, Germany and Austria, and with the European Commission.

This is the first of two blog posts that will examine whether indiscriminate location tracking could ever be justified under the Convention, in light of the global pandemic. Continue reading

Announcement: Webinar “The State’s positive obligations under IHRL during the coronavirus outbreak” (5 May)

After thought-provoking webinars on “Human Rights in the Times of Coronavirus” and “Council of Europe: The Conscience of Europe in a Time of Crisis” (recorded versions of which are available here and here), next week a third webinar in the series will address the role of positive obligations in the context of Covid-19. The webinar takes place on Tuesday 5 May at 3 pm UK time, 4 pm CET. Here is the announcement:

The State’s positive obligations under IHRL during the coronavirus outbreak

Webinar

5 May 2020

3pm (UK time) Continue reading

Strengthening the supervision of ECHR derogation regimes. A non-judicial avenue

By Georgiana Epure

This contribution sheds light on the limited effectiveness of the European Court of Human Rights (ECtHR) in supervising states of emergency and highlights one possible non-judicial avenue to strengthen the supervision of derogation regimes: Article 52 of the European Convention on Human Rights (ECHR), which allows the Secretary General of the Council of Europe to open and inquiry into the effective implementation of the Convention. 

The derogation clause and the ECtHR’s limited supervisory role

An epidemic of authoritarian measures may be following on the heels of the COVID-19 pandemic, warned Fionnuala Ní Aoláin, the UN Special Rapporteur on counterterrorism and human rights. Across the Council of Europe membership, numerous countries have declared states of emergency in order to take unprecedented measures to tackle the COVID-19 pandemic. Continue reading