Protection of human rights within the European Union
during the pandemic of Covid-19
Protection of human rights within the European Union
during the pandemic of Covid-19
Author(s): Constantijn BakkerSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: protection of human rights; public health clause; Covid-19 pandemic; art. 8 ECHR; art. 35 EU Charter of Fundamental Rights
Summary/Abstract: The paper deals with protection of human rights within the European Union during the Covid-19 pandemic. The purpose of the article is to show the importance of the EU Charter ofFundamental Rights with regard to Covid-19 related restrictions. Simultaneously, the scope ofthe application of the public health clause in the context of Covid-19 restrictions is examined. Moreover, the impact of protection of public health, as a fundamental right in itself, is reviewed.The analysis shows that the health protection guarantee laid down in art. 8 ECHR and art. 35 EUCharter implies an obligation on States to take certain (restrictive) measures with a view to protectingpeople during a pandemic. This obligation includes (compulsory) vaccination programs.However, severe (financial) punishments will certainly be considered disproportionate.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 1/2022
- Issue No: 53
- Page Range: 189-199
- Page Count: 11
- Language: English
