Ograničenje prava na slobodu kretanja u vrijeme izvanrednog stanja prema Konvenciji za zaštitu ljudskih prava i temeljnih sloboda
Restriction of the right to freedom of movement in times of emergency - What does the Convention on Human Rights and Fundamental Freedoms say?

Summary/Abstract: The Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter: the Convention) and the European Court of Human Rights in Strasbourg (hereinafter: the European Court), which interprets that Convention, classify the right to freedom of movement as derogable or qualified Convention rights. This means that this right can be restricted under the conditions recognized by the Convention and the case law of the European Court of Justice, and the protection of the health of a large number of people, public morals, national security and the like are justified for interfering or limiting the right to freedom of movement. The Convention and the European Court do not a priori prohibit the introduction of such measures, quite the opposite. The positive obligations imposed by the Convention in order to achieve the legitimate aim of protecting human health require from Member States active care and timely response. When considering measures that restrict human rights, it is crucial to make them legitimate, necessary in a democratic society and proportionate. The above rules, which follow from the case-law of the European Court of Justice, always apply, whether measures to restrict human rights are imposed in times of emergency or some other, less extraordinary time. When measures that result with restrictions of the right to freedom of movement (in whatever form) are criticised, it is important to keep in mind that on the other side of the scale is the right to life. Unlike freedom of movement and even deprivation of liberty, the right to life is an absolute Convention right and can never be derogated, even in times of emergency.

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