Dinamica măsurilor provizorii ale Curții Europene a Drepturilor Omului în perioada crizei sanitare 2020-2022
Dynamics of the Interim Measures of the European Court of Human Rights During the Health Crisis 2020-2022

Author(s): Alina Gentimir
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, Sociology, Health and medicine and law, EU-Legislation
Published by: Universul Juridic
Keywords: interim measures; European Court of Human Rights; prohibition of degrading and inhumane treatment; the right to privacy;
Summary/Abstract: The paper focuses on the scope of the interim measures requested by persons under the jurisdiction of Council of Europe member states during a health crisis. The case law of the European Court of Human Rights shows three types of requests for interim measures. Given the large number of complaints concerning the violation of Article 3 of the European Convention on Human Rights relating to conditions of detention and ineffective measures to prevent the spread of Covid virus, many of the provisional measures concerned the same positive obligation of the State as the corresponding fund. Article 3, but also that of Article 5 of the European Convention. The second category of interim measures concerned variants of violation of Articles 8 and 9 of the European Convention, requiring action on compulsory vaccination schemes for certain categories of civil servants. Last but not least, the use of green certificates has been a concern for those who have decided to apply to the Strasbourg court for interim measures. The prudent position of the European Court of Human Rights was in line with the dynamics of restrictive measures imposed in the context of the health crisis at both international and national level. The balance between justified restrictions on the protection of collective interests and the failure to ensure the effective functioning of the essential systems of states and civil society in the medium and long term must be the mainstay of the main European and national human rights mechanisms.

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