RESTRICTION OF HUMAN RIGHTS AND STATE OF EMERGENCY
RESTRICTION OF HUMAN RIGHTS AND STATE OF EMERGENCY

Summary/Abstract: Human rights and freedoms are the most sensitive area and the ultimate measure of democracy in a state and society. Absolute human rights and freedoms cannot be restricted, even in conditions of war or emergency. This paper focuses on human rights which were derogated by declaring a state of emergency due to the imminent danger of the infectious disease COVID-19 caused by the SARS-CoV-2 virus. The author addresses the issues related to the definition of state of emergency and the derogation of the guaranteed human rights and freedoms, as well as the proportionality between the taken measures and intended goals of such restrictions. In particular, the author examines the international sources of law pertaining to the restriction of human rights, with specific reference to the situations and conditions when such restrictions are admissible. The content of the proportionality clause which is to be fulfilled by the state when restricting human rights and freedoms is one of the supreme precepts for admissibility and justifiability of such restrictions.

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