DEROGAREA DE LA CONVENŢIA (EUROPEANĂ) PENTRU APĂRAREA DREPTURILOR OMULUI ŞI A LIBERTĂŢILOR FUNDAMENTALE ÎN CONTEXTUL PANDEMIEI DE CORONAVIRUS
THE DEROGATION FROM THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN THE CONTEXT OF THE CORONAVIRUS PANDEMIC

Summary/Abstract: The sanitary crisis determined by the SARS-CoV-2 virus that is currently going through the states of the world has a significant impact on the most important aspects of each of our lives, on the way we live, work, travel, spend our free time, and in in general, on how we perceive today the relationship between our rights and the state. In this context, the current study starts from the recent derogation requested by Romania and other European states from the European Convention of Human Rights and proposes an analysis of the Art 15 of the Convention, as well as a reflection upon the opportunity and necessity of the use of these provisions by our country. The aim is also to sound the alarm on the obligation of the State to manage the crisis caused by the spread of COVID-19 in a responsible, balanced way, by taking measures proportionate and appropriate to the aim pursued, so as the fundamental values of the rule of law are respected. Definitely, it is just a perspective to be confirmed or infirmed by the future decisions of the European Court on Human Rights when shall analyse if the derogative measures from the obligations of the Convention, taken by the current governments were grounded or not.

• Details
• Contents